Arbitrator: Meaning, Roles, Responsibilities & Qualifications

Who is Arbitrator?

An arbitrator, also known as a mediator or conciliator, is a neutral legal practitioner who works independently of both parties in a dispute to help them settle it fairly and quietly. When legal problems arise, the parties concerned may engage a third party to resolve the matter without going to court. Arbitrators are legal specialists who help two or more parties resolve a disagreement outside of a courtroom by having private, confidential discussions. An arbitrator collaborates with involved parties in legal matters, such as real estate conflicts, to achieve equitable resolutions without resorting to court proceedings. States have varied criteria for arbitrators, but the majority demand a bachelor’s degree in law, political science, or a related discipline. Arbitrators assist individuals in resolving problems such as real estate disputes or divorces without going to court, which can be costly. Instead of appearing before a judge and jury, the clients submit their claims to an arbitrator, who makes the final judgment on behalf of both parties.

Geeky Takeaways:

• Arbitrators convene panels similar to court proceedings, but more private and informal.
• They may specialize in a legal field where they have prior expertise or understanding, such as real estate, construction, labor relations, insurance, or accounting.
• They may operate solo or with a group of arbitrators. Many arbitrators are attorneys, business professionals, or judges transitioning into other careers or working part-time.
• Arbitrators normally need a combination of education and experience in the legal area before they’re allowed to get recruited, as the eligibility requirements vary by state.

Roles and Responsibilities of Arbitrator

The following are the roles and responsibilities of an arbitrator:

1. Conducting the Arbitration Process: One of the key responsibilities of an arbitrator is to monitor and administer the arbitration process. This involves establishing procedural norms and timetables, specifying the scope of the arbitration, and ensuring that all parties are given an equal opportunity to submit their case. They also ensure that the procedure is consistent with arbitration laws or agreements between the parties.

2. Developing a Communication Structure between Parties: An arbitrator establishes a communication framework that enables opposing parties to participate in productive discourse. This includes establishing ground rules, controlling communication among the participants, and encouraging open talks to promote mutual understanding of the concerns. To develop this framework, the arbitrator first establishes ground rules that both parties agree to.

3. Evaluating Evidence and Testimony: They study and assess the evidence presented by the parties during the proceedings. This might contain documentation, witness testimonies, expert views, and other pertinent material. An arbitrator evaluates the credibility and reliability of evidence to establish its significance in the final judgment.

4. Ensure Procedural Fairness: An arbitrator’s responsibility is to ensure procedural fairness by presiding over the procedure in an unbiased manner. They provide a fair environment by letting both sides present their cases, facts, and arguments free of bias or prejudice. The arbitrator guarantees that all parties receive equitable treatment while following the norms of due process, natural justice, and openness.

5. Maintaining Confidentiality: As a neutral third party, an arbitrator guarantees that all parties present safeguard the sensitive information they provide and do not divulge it to unauthorized persons. This secrecy fosters confidence, enables all parties to openly share their problems, and promotes a fair and fast conclusion. An arbitrator works to safeguard the integrity of the arbitration process by adhering to rigorous confidentiality norms.

6. Other Responsibilities: Apart from the above-explained responsibilities, arbitrators have other sets of responsibilities, such as:

• Meeting with each party in a dispute to answer questions and explain the arbitration procedure.
• Reviewing both parties’ evidence and paperwork.
• Evaluate information from papers such as claim applications.
• Interviewing witnesses to get crucial information.
• Organizing and managing negotiations between parties
• Researching laws and policies to determine results.
• Determining which side is responsible and how much they owe the other party
• Creating settlement agreements with both parties, writing decision statements, and gathering evidence for court proceedings, etc.

Qualifications of Arbitrator

1. Review Your State’s Requirements: States have varied qualifications for becoming arbitrators, so it’s a good idea to look into the exact educational or experience requirements in the applicable state. For example, some jurisdictions require arbitrators to have a particular number of years of experience as attorneys, while others may merely demand a bachelor’s degree. Knowing what your state demands will help you better prepare to practice arbitration.

2. Get an Undergraduate Degree: Typically, being an arbitrator requires a bachelor’s degree from a four-year college. Some arbitrators hold a bachelor’s degree in law, but others have degrees in other fields such as business, english, history, political science, public policy, or social work. While obtaining your bachelor’s degree, consider choosing classes that will prepare you for a job as an arbitrator, such as consumer law, ethics, psychology, or public speaking.

3. Get an Advanced Degree: Many arbitrators opt to pursue a graduate degree to advance their careers and earning potential, and most states require a graduate degree in a discipline directly related to arbitration, such as dispute or conflict resolution. Alternatively, you may go to law school and get a law degree, which would likely give you the legal knowledge required to work in arbitration. While in law school, consider studying electives in negotiation, settlement, cultural issues, and other practical arbitration themes.

4. Get Work Experience and Training: After obtaining the necessary school qualifications, apply for internships or entry-level positions where you will be supervised by an experienced arbitrator, lawyer, or businessperson. Choose employment that will provide you with industry expertise and experience in your preferred profession, such as construction or finance.

5. Complete the License and Certification: In certain jurisdictions, arbitrators may need to hold licenses as attorneys or certified public accountants, necessitating the successful completion of rigorous examinations. In addition, you may need to become certified in alternative dispute resolution (ADR). A real estate license may also be required if you wish to specialize in an area such as real estate. Check with your state licensing board to see what criteria apply to you. Professional qualifications and involvement in industry groups may enhance your job prospects. Consider joining organizations like the National Academy of Arbitrators, the Federal Mediation and Conciliation Service, or the American Arbitration Association to receive access to further training and educational materials.

Conclusion

In conclusion, arbitrators play a crucial role in resolving disputes outside of the courtroom, helping parties find fair and confidential solutions to their legal issues. They have various responsibilities, including conducting the arbitration process, facilitating communication between parties, evaluating evidence, ensuring procedural fairness, and maintaining confidentiality. To become an arbitrator, individuals typically need to meet specific qualifications, such as obtaining relevant education, gaining work experience, and possibly obtaining licenses or certifications. Ultimately, arbitrators help parties navigate conflicts efficiently and effectively, promoting fairness and justice in the resolution of disputes.

Arbitrator- FAQs

What types of disputes are suitable for pursuing arbitration?

• Commercial disputes
• International disputes
• Construction and engineering disputes
• Intellectual property disputes
• Maritime and shipping disputes

Can an arbitrator resign if he identifies a conflict of interest?

If an arbitrator identifies a conflict of interest that could compromise their impartiality, they are typically required to either step down voluntarily or allow the parties to decide on their continued appointment. In some cases, the arbitration institution or appointing body may also remove the arbitrator.

What is a mediator?

A mediator is a neutral third party who promotes conversations between parties and helps them reach a mutually agreeable outcome. They do not have the authority to issue a binding judgment or award, and the parties retain control of the outcome. Their purpose is to assist the parties through the negotiating process, identify areas of agreement and dispute, and encourage them to reach a mutually advantageous conclusion.

Do arbitrators have to follow ethical standards?

Adhering to ethical norms assists arbitrators in preserving the integrity of the arbitration process and ensuring public faith in the profession. They must be conversant with and adhere strictly to the ethical rules established by relevant groups. Ethical behavior involves maintaining confidentiality, avoiding conflicts of interest, and treating all parties equally and respectfully.

Who decides the arbitrator’s jurisdiction?

While arbitration laws and practices vary by state, generally, arbitration tribunals determine the jurisdiction of arbitrators. In some states, the arbitrator’s association may also play a role in this decision-making process.

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