Choosing an arbitrator sounds like an easy thing to do. Isn’t it the same way you choose experts in other fields of profession? With so many potential candidates to choose from, it is justified to say that you can always get the person you are looking for without much hassle. The problem is that it is one thing choosing an arbitrator, and it is another thing choosing the right arbitrator. So what is the difference? Unlike the mainstream legal profession, there are no strict procedures in the arbitration of complex civil ligation. Whether it is contract disputes, an employment issue, attorney malpractice dispute or an international arbitration, such cases require a professional arbitrator.
One of the challenges of complex disputes involving arbitration is the lack of electronic case management. An arbitrator is supposed to have strong management skills including the use of electronic case management. Apart from electronic case management, these skills also encompass time and people management. The reason why people often have challenges during arbitration of a dispute is failure to understand what the process is all about and what is required of them. When choosing an arbitrator, ask yourself whether your choice is someone known to you, understands law or is an individual who is extensively familiar with the issues raised in the dispute. These are some of the ;key issues that will determine the success of the process.
Arbitration processes are not structured. However, a normal arbitration process will resemble a court procedure where there are witnesses, testimonies and even cross-examination of witnesses. During the process, either of the parties is at liberty to make an interim motion calling for relief on certain issues. This is one of the reason why it is always a good idea to nominate someone with legal education and background as an arbitrator. Such a person should be experienced in electronic case management since arbitration processes have a goal of being resolved expeditiously. By utilizing electronic case management strategies, ease of access to information improves, something that works to the benefit of the parties involved.
In most cases, arbitration cases tend to focus on specific issues such as family, employment, civil rights, professional misconduct and many more. The parties involved in the dispute are likely to be more comfortable with an arbitrator who has direct knowledge on the subject matter. By having such an individual, basic terms used in some areas need not be explained since the arbitrator can be able to relate to the issues being discussed. If you are lucky enough to find an arbitrator with both a legal background and familiarity with the subject matter, that is the best person for the process.
Always keep in mind that arbitration is not meant to offer you an opportunity to forum-shop. Forum-shop in this context means that arbitrators are supposed to be impartial. Just like in a public court process where you cannot choose the judge, the disputing parties must agree on the arbitrator. The arbitrator should be independent, impartial and with zero conflict of interest. For the sake of impartiality;, some disputes require more than one arbitrators. In such instances, the dispute is best settled when you have a few varying opinions even when they finally agree on the arbitral award. Regardless of whether you have hired an arbitrator or an attorney before, you don’t have to be extremely familiar with legal matters to have your case settled through arbitration.
There are many benefits that come with arbitration apart from electronic case management which has now been adopted in the mainstream justice system. Arbitration is less expensive. This means that when you have a dispute but working on a limited budget, hiring an attorney should only come after arbitration with the disputant fails. It also takes less time for arbitration disputes to be resolved. Some court cases take months or even years before being concluded. This has seen some of the disputes being overtaken by events-something that limits access to fair justice by the aggrieved parties. When you select the right arbitrator, then there is no dispute that cannot be resolved unless the issue at hand is too complex for arbitration.
