Becoming an Effective Arbitrator: Skills & Qualifications

Arbitration is a method of alternative dispute resolution (ADR) that involves settling a legal dispute outside of the courtroom. In arbitration, parties involved in a dispute agree to submit their case to an impartial third party, known as an arbitrator, who then listens to both sides and makes a decision.

The role of an arbitrator is critical in ensuring that disputes are resolved fairly and efficiently. In this article, we will explore the role of an arbitrator in law, including their qualifications, responsibilities, and skills required to be effective in this profession.

Qualifications of an Arbitrator

To become an arbitrator, one must have a minimum qualification of a bachelor’s degree in law or a related field. Some jurisdictions may require additional qualifications, such as specific training in arbitration procedures or experience in the relevant industry. In addition, most arbitrators are required to complete continuing education courses to maintain their certification and stay up-to-date on changes in laws and regulations.

Responsibilities of an Arbitrator

1. Impartiality – One of the primary responsibilities of an arbitrator is to remain impartial throughout the arbitration process. This means that the arbitrator cannot have any personal interest in the outcome of the dispute and must avoid any actions or statements that could be perceived as biased.
2. Conducting Pre-Hearing Conferences – An arbitrator typically conducts pre-hearing conferences with the parties involved in the dispute. These conferences help to clarify the issues at hand and ensure that both parties understand the arbitration process.
3. Conducting Hearings – The arbitrator presides over the hearing and ensures that both parties have an opportunity to present their evidence and arguments. During the hearing, the arbitrator may ask questions to clarify the evidence or arguments presented.
4. Issuing Decisions – After hearing all of the evidence and arguments, the arbitrator issues a written decision that outlines their findings and conclusions. This decision is binding on both parties, meaning that they must abide by its terms.

Skills Required for an Effective Arbitrator

1. Communication Skills – An effective arbitrator must be able to communicate clearly and effectively with both parties involved in the dispute. This requires strong listening skills and the ability to articulate complex legal concepts in simple language.
2. Analytical Skills – An arbitrator must be able to review and analyze evidence presented by both parties in order to make an informed decision. This requires strong critical thinking and analytical skills.
3. Impartiality – As mentioned earlier, an arbitrator must remain impartial throughout the arbitration process. This requires an ability to set aside personal biases and emotions and focus solely on the facts.
4. Patience – The arbitration process can be lengthy and emotionally charged, so an arbitrator must have the patience and emotional intelligence to manage these situations effectively.

Importance of Arbitrators in Resolving Disputes

Arbitration offers several advantages over traditional litigation. For one, it is often faster and less expensive than taking a case to court. Additionally, because the parties agree to abide by the arbitrator’s decision, there is less potential for appeals and further litigation down the road.

Another important advantage of arbitration is that it allows the parties to choose an arbitrator who has expertise in the relevant subject matter. For example, if the dispute involves a complex commercial agreement, the parties can choose an arbitrator who specializes in commercial law. This ensures that the arbitrator is well-equipped to understand the nuances of the case and make an informed decision.

Conclusion

In conclusion, the role of an arbitrator in law is to serve as an impartial third party who listens to both sides of a dispute and makes a decision. To be effective in this role, an arbitrator must have strong communication and analytical skills, as well as the ability to remain impartial throughout the arbitration process. Arbitration offers several advantages over traditional litigation, including faster resolution times, lower costs, and the ability to choose an arbitrator with expertise in the relevant subject matter.