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.

About Arbitrators Best Sellers from Amazon.com

Basic Skills for the New Arbitrator, Second Edition
by Allan H. Goodman
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The Common Law of the Workplace: The Views of Arbitrators (National Acadeny o...
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Mysteries of the Druids - The Veil of Isis
by W. Winwood Reade
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News About Arbitrators

• Diag Human Wants New Arbitrator Not To Be Czech Citizen Esk Noviny
Prague The Diag Human company wants a person who is not a Czech citizen to decide in new arbitration proceedings in its dispute with the Czech Republic as a Czech citizen might face pressure exerted by the state, company lawyer Jan Kalvoda said.
• New Firefighter Contract Puts City 5M Over Budget CBC Ottawa
The City of Ottawas firefighting budget will be 5 million in the red in 2008 as a result of a new contract handed down by an arbitrator this week.
• Jon Heyman: Cubs Title Chances Dealt A Blow Sports Illustrated
The National League favorite Cubs are currently missing the top 40 percent of their rotation. And while this team with a storied past and a stacked presentretains hope for an intact rotation come playoff time, if they are still without their dynamic duo of Carlos Zambrano and Rich Harden in October, 90 percent of the Cubs chance to break their 99 year losing streak could be lost in the wind.
• Firefighters 10million Pay Hike Turns Up The Heat On City Budget Ottawa Citizen
The City of Ottawa, already facing big financial trouble in the coming year, got a new 10 million headache yesterday when a long awaited arbitrators award was handed down for firefighters.
• Los Angeles Kings Team Report USA Today
Kings

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