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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
Basic Skills for the New Arbitrator, Second Edition
by Allan H. Goodman
Amazon Price: $19.00
Customer Review: Mr. Goodman's book is the finest quick primer for a new arbitrator I have ever read. For virtually anyone familiar with any type of legal procedure or mediation, the book lays out the differences specific to Arbitration. Mr. Goodman has arranged th...
Trial: Advocacy Before Judges, Jurors, and Arbitrators
by Roger S. Haydock, John Sonsteng
Amazon Price: $85.00
Customer Review: This book takes students through all the major topics of trial advocacy from jury selection to closing argument. Chapter One introduces students to the key phases of trial by pretending that a fictional story written in 1937, The Devil and Daniel Web...
Supplement to Trial Advocacy Before Judges, Jurors and Arbitrators, Third Edi...
by Roger S. Haydock, John O. Sonsteng
Amazon Price: $31.00
The Common Law of the Workplace: The Views of Arbitrators (National Acadeny o...
Amazon Price: $125.00
Customer Review: The format of this book is a restatement, where each principle is set out as a bold black letter section and underneath it are both commentary and case references. I have found it to be invaluable and fun to read. The principles are divided into diff...
Mysteries of the Druids - The Veil of Isis
by W. Winwood Reade
Amazon Price: $0.99
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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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