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Facts - Books - News U.S. Facts Of Law: |
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About Arbitrators
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Arbitrators have great
latitude in resolving disputes - beyond that
afforded a judge in a civil trial. Depending
upon the arbitration agreement, arbitrators may
question witnesses, call experts, seek other
evidence and determine rules of representation for
the parties involved. Also, costs of trial
litigation are usually much higher than arbitration.
Arbitration is attractive because of both, the cost
savings, and the fact that the arbitrator is
experienced in the matter and has great flexibility
in how to arrive at an equitable resolution for both
parties. Arbitrators have wide latitude in crafting remedies
in the arbitral decision, with the only real
limitation being that they may not exceed the limits
of their authority in their award. An example of
exceeding arbitral authority might be awarding one
party to a dispute the personal automobile of the
other party when the dispute concerns the specific
performance of a business-related contract.
It is open to the parties to restrict the possible
awards that the arbitrator can make. If this
restriction requires a straight choice between the
position of one party or the position of the other,
then it is known as pendulum arbitration or final
offer arbitration. It is designed to encourage the
parties to moderate their initial positions so as to
make it more likely they receive a favorable
decision.
No definitive statement can be made concerning the
credentials or experience levels of arbitrators,
although some jurisdictions have elected to
establish standards for arbitrators in certain
fields. Several independent organizations, such as
the American Arbitration Association, offer
arbitrator training programs and thus in effect,
credentials. Generally speaking, however, the
credibility of an arbitrator rests upon reputation,
experience level in arbitrating particular issues,
or expertise/experience in a particular field.
Arbitrators are generally not required to be members
of the legal profession.
To ensure effective arbitration and to increase the
general credibility of the arbitral process,
arbitrators will sometimes sit as a panel, usually
consisting of three arbitrators. Often the three
consist of an expert in the legal area within which
the dispute falls (such as contract law in the case
of a dispute over the terms and conditions of a
contract), an expert in the industry within which
the dispute falls (such as the construction
industry, in the case of a dispute between a
homeowner and his general contractor), and an
experienced arbitrator.
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About
Arbitrators Best Sellers from
Amazon.com
Trial: Advocacy Before Judges, Jurors, and Arbitrators
by Roger S. Haydock, John Sonsteng
Amazon Price: $83.75
Customer Review: Had this for a class text. The writing is done with a light-hearted touch, which is no surprise; I have had Professor Knapp for class, and he has a flair for the dramatic. But this book is also a great reference for the basics of trial. Definitely...
Basic Skills for the New Arbitrator, Second Edition
by Allan H. Goodman
Amazon Price: $19.00
Customer Review: I found Basic Skills for the New Arbitrator to contain a great deal of information for a topic that I had little knowledge. It helped me discover what I needed to look for in a mediation course and I enrolled in one at the University of Colorado. T...
Basic Skills for the New Mediator, Second Edition
by Allan H. Goodman
Amazon Price:
Customer Review: The English in this book is plain. The arrangement in Q&A form eliminates troubles to look for an immediate solution by digging in textbooks which are in traditional format. It is a very useful tool not only for a new mediator but a veteran!
The Arbitrator's Handbook
by John W. Cooley
Amazon Price:
Customer Review: This book contains some very good information for arbitrators, but the last 200 pages (almost half of the book) is just checklists derived from the table of contents and the rules of various arbitration associations which are available on the interne...
Trial : Advocacy Before Judges, Jurors and Arbitrators
by Roger S. Haydock, John O. Sonsteng
Amazon Price:
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News About Arbitrators
GN News
• Owner Of Devils Expects Quick Decision By Arbitrator On Kovalchuk New York T...
TSNOwner of Devils Expects Quick Decision by Arbitrator on KovalchukNew York TimesLONG BRANCH, NJ Jeff Vanderbeek, the Devils39 owner, said Tuesday night that he thought an arbitrator would make a prompt decision Report: Arbitrator could restructure Kovalchuk dealFOXSports.comKovalchuk case could be resolved swiftlymsnbc.comKovalchuk deal heading to arbitrationNew England Hockey JournalTSN Los Angeles Times Forbes blogall 634 news articles raquo
• Devils Sign Fraser New York Post
The Star Ledger NJ.comDevils sign FraserNew York PostWith an interested party saying the sides have made progress toward selecting an arbitrator for the Ilya Kovalchuk case, the Devils have Devils re sign Mark FraserNorthJersey.comDevils sign defenseman Mark Fraser for one year, 500000 to avoid arbitrationThe Star Ledger NJ.comDefenceman Fraser and Devils avoid arbitration, agree on 1 year dealThe Canadian PressVancouver Sunall 60 news articles raquo
• Stralman Signs With Jackets At Last Minute Columbus Dispatch
CBC.caStralman signs with Jackets at last minuteColumbus DispatchBy requesting a one year contract from arbitrator Margaret Brogran in their brief submitted Monday, the Blue Jackets gave themselves the right to cut ties Stralman inks a one year contract extensionmsnbc.comBlue Jackets agree to terms with StralmanColumbus DispatchA Good Deal: The Stralman Saga AnalyzedThe Hockey WritersColumbus Dispatch Telegraph Journalall 81 news articles raquo
• Niemiaposs Value To Be Decided By Arbitrator Gary Post Tribune
Bleacher ReportNiemi39s value to be decided by arbitratorGary Post TribuneSo unless a last minute deal is reached, Niemi39s worth will be determined this morning by an arbitrator in Toronto. The arbitrator has 48 hours to decide. Niemi and Hawks appear headed for arbitrationNHL.comNiemi, Chicago unlikely to avoid arbitrationmsnbc.comStakes high in Niemi39s arbitration caseGlobe and MailChicago Tribune Bleacher Report Chicago Daily Heraldall 20 news articles raquo
• Bruins, Wheeler Await Arbitratoraposs Ruling ESPN
Boston GlobeBruins, Wheeler await arbitrator39s rulingESPNTORONTO The Bruins and Blake Wheeler concluded their arbitration hearing early Tuesday afternoon and now will wait 48 hours for the Wheeler39s arbitration case concludesBoston Globe blogBruins, Blake Wheeler to arbitrateBoston HeraldBlake Wheeler: Wheeler, Bruins meet for arbitration hearingRotoworld.comNew England Hockey Journal NESN.com NECNall 34 news articles raquo
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