How do I hire an arbitrator?

UPDATED: Jul 13, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 13, 2023

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UPDATED: Jul 13, 2023Fact Checked

All that it takes to hire an arbitrator is for the parties to agree on a specific person or agency and contact them to determine if s/he is willing to take the case. If you have agreed to have the arbitration handled according to the rules of a particular association, the association may handle the process for you. For example, the American Arbitration Association has panels of arbitrators. It provides a list of arbitrators and sends it to the parties and they choose an acceptable arbitrator from that list. If this is a contractual dispute, first check your contract to see if the business specifies an arbitration organization. If not, you can either run a search online for arbitrators located in your state or call your local courthouse for a list of recommended arbitrators. The American Arbitration Association website is also always a safe choice.

Before scheduling the arbitration, you will need to contact the other party and inform them of your intent to arbitrate and give them the name of the organization or arbitrator you have selected. If the parties agree, then you can schedule the arbitration. If they disagree with your choice, then the burden falls on them to choose an arbitrator. If they fail to do so in a reasonable amount of time, typically 30 days, then you have the right to file in court instead, citing refusal of the opposing party to arbitrate the matter. When you file, the trial court will then typically select an arbitrator for the parties or require that one be chosen within 30 days. If the opposing party completely refuses to arbitrate, they may be opening themselves up to being charged attorney’s fees and court fees if they ultimately lose.

Just like a regular trial, arbitration is complex and should never be entered into alone. To ensure your rights are protected during arbitration, contact an attorney for assistance.

Case Studies: Hiring an Arbitrator

Case Study 1: Utilizing an Established Association 

Samantha found herself in a contractual dispute and sought to hire an arbitrator. She referred to her contract to check if a specific arbitration organization was specified. Since there was no such specification, Samantha conducted an online search for arbitrators in her state. She also contacted her local courthouse for a list of recommended arbitrators.

Ultimately, Samantha decided to choose an arbitrator from the list provided by the American Arbitration Association (AAA), a well-known and trusted organization. After informing the other party of her choice, they agreed, and the arbitration process was scheduled, helping Samantha move towards a resolution.

Case Study 2: Negotiating With the Opposing Party 

Robert had a dispute with another party and desired arbitration to settle the matter. He contacted the opposing party to express his intent to arbitrate and provided them with the name of the chosen arbitrator. However, the opposing party disagreed with Robert’s choice and proposed an alternative arbitrator.

Both parties engaged in negotiations until they reached an agreement on a mutually acceptable arbitrator. By engaging in open communication and willingness to compromise, Robert and the opposing party successfully hired an arbitrator and proceeded with the arbitration process.

Case Study 3: Seeking Legal Guidance 

Emily encountered a complex dispute and recognized the importance of having legal assistance during the arbitration process. She decided to consult an attorney who specialized in arbitration cases. With the attorney’s guidance, Emily followed the necessary steps to hire an arbitrator. They researched reputable arbitration associations and identified the most suitable organization for her case.

The attorney also provided valuable insights and advice throughout the process, ensuring Emily’s rights were protected and represented effectively during the arbitration proceedings.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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