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About Arbitrators

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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Arbitrator Rules In Favor Of EMU In Collective Bargaining Grievance Case Mic...
Michigan Radio Arbitrator rules in favor of EMU in collective bargaining grievance case Michigan Radio After a grievance was filed concerning Eastern Michigan University39s contract with the for profit company Academic Partnerships AP, an independent arbitrator ruled on January 12 the school is not in violation of a collective bargaining agreement with

Arbitrator Returns Waterloo Officeraposs Rank Waterloo Cedar Falls Courier
Waterloo Cedar Falls Courier Arbitrator returns Waterloo officer39s rank Waterloo Cedar Falls Courier WATERLOO A Waterloo officer who was demoted after an off duty road rage encounter in 2016 will be getting his rank back. In a decision released Friday, Arbitrator Hugh Perry ruled that Corbin Payne should be reinstated as a lieutenant, turning what and more raquo

Arbitrator Sides With University On Academic Outsourcing Inside Higher Ed
Inside Higher Ed Arbitrator Sides With University on Academic Outsourcing Inside Higher Ed On Friday, the university released an arbitrator39s ruling in a grievance filed by the university39s chapter of the American Association of University Professors, which had charged that by striking a December 2016 agreement with Academic Partnerships, an

More Than A Decade Later, Arbitration Award Against Church Leader Revived La...
Law.com More Than a Decade Later, Arbitration Award Against Church Leader Revived Law.com In recently denying reargument after more than a decade of litigation, the Commonwealth Court has cemented its decision to reinstate an arbitration award in a case in which a church leader was found to have misappropriated church money. On Nov. 29, a

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Facts of Law information about arbitrators

Facts of Law - About Arbitrators