What should I look for in an arbitrator?

Good arbitrators have experience in running an arbitration hearing, excellent analytic and reasoning skills, good writing skills, and an ability to quickly learn complex matters. The subject matter of your dispute may also mean that you want to look for specific expertise in the arbitrator you select. For instance, cases involving pension trust funds may be better handled by an arbitrator with knowledge of pensions law, such as the Employer Retirement Income Security Act (“ERISA”), while complex technical disputes involving material chemistry may best be handled by a person familiar with the field.

Understanding the Role of an Arbitrator

It is imperative that you take your time, do your research and find the right arbitrator to handle your dispute. This is key because whatever an arbitrator decides is going to bind you under the law and you generally aren’t going to be able to change it. While it may sometimes be possible to make an appeal to the court after arbitration, the appellate court is going to be very deferential to any decision and findings made by the arbitrator and will generally only overturn or change what the arbitrator has done if there were major procedural irregularities or bias in the arbitration itself.

The fact that arbitration is binding makes it distinct from other forms of alternative dispute resolution, like mediation, and you will want to have someone who can be fair, balanced, knowledgeable and impartial in deciding your case. To ensure that your arbitrator has the features you are looking for, ask for past references, read any opinions you can find that were written by the arbitrator, and contact both the Better Business Bureau and organizations designed for arbitrators like the American Arbitration Association. Your lawyer may also have some suggestions for you regarding who to hire as an arbitrator or what specific features and qualifications you should be seeking.

Case Studies: The Role of Arbitration in Resolving Legal Disputes

Case Study 1: Resolving a Construction Contract Dispute

A Construction Company was hired to build a commercial complex, but a disagreement arose over the project’s timeline and quality of work. The property owner alleged a breach of contract, while the construction company claimed the delays were beyond their control due to unforeseen circumstances.

To avoid costly litigation and prolonged legal battles, both parties agreed to arbitration. They selected an arbitrator with expertise in construction law and contract disputes. The arbitrator efficiently analyzed the evidence and intricacies of the construction industry, delivering a fair decision that resolved the dispute and allowed both parties to move forward without any further delays.

Case Study 2: Settling an Intellectual Property Dispute

Innovate-Tech Inc., a tech company, discovered that a competitor had allegedly infringed on one of its patents, leading to potential losses in revenue and market share. Faced with the need for prompt resolution and protection of their intellectual property, Innovate-Tech opted for arbitration instead of a protracted court battle. They selected an arbitrator with in-depth knowledge of intellectual property law and patent disputes.

The arbitrator’s expertise allowed for a thorough examination of the patent claims, ensuring a balanced decision that protected Innovate-Tech’s rights while considering the competitor’s position. The arbitration process ended with an agreement that included compensation and a licensing agreement, avoiding prolonged litigation and maintaining business relationships in the industry.

Case Study 3: Settling a Healthcare Malpractice Dispute

Mary Johnson underwent a medical procedure that resulted in unexpected complications, leading to significant health issues and increased medical expenses. Believing that the healthcare provider’s negligence contributed to her condition, Mary pursued a medical malpractice claim.

To achieve a timely resolution and avoid the emotional toll of a courtroom trial, Mary and the healthcare provider agreed to arbitration. They appointed an arbitrator with extensive knowledge of medical law and malpractice claims.

The arbitrator carefully reviewed medical records, consulted with experts, and provided a well-informed decision that recognized Mary’s pain and suffering while considering the medical complexities of the case. The arbitration process allowed Mary to receive compensation for her damages promptly, facilitating her path to recovery without the extended uncertainty of a court proceeding.