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Certified Arbitrator

Role of an Arbitrator

An arbitrator reviews testimony and evidence presented by the disputed parties at a hearing and resolves the dispute by issuing a decision that may include an award of money. You can think of an arbitrator as a private judge hired by the disputing parties to resolve their dispute.

What are the qualities of an arbitrator?

A good arbitrator displays effective communication skills by being patient, understanding, flexible and a good listener. The arbitrator is chosen by way of agreement between the disputing parties. At the hearing of the matter, he gives all the parties a chance to be heard and to fully present their grievances.

Definition and Role of an Arbitrator

An arbitrator reviews testimony and evidence presented by the disputed parties at a hearing and resolves the dispute by issuing a decision that may include an award of money. You can think of an arbitrator as a private judge hired by the disputing parties to resolve their dispute. If the arbitration is binding, the parties cannot seek a reversal of the decision in court except under very limited circumstances. However, the successful party can seek help from a court in enforcing the arbitrator’s decision.

An arbitrator serves as the decision-maker and ‘referee’ in an arbitration proceeding, much like a judge during court litigation. The arbitrator is bound by the rules outlined in the parties’ arbitration agreement. If he is a member of a special arbitration organization, such as the American Arbitration Association, he will be bound by the rules of that organization as well, including a set of ethical rules.

An Arbitrator's Duties

  • Interpreting and applying the rules and laws applicable to the arbitration .
  • The applicable rules should be outlined in the arbitration agreement. The parties may also designate a particular state's law to govern the dispute in the arbitration agreement.
  • Managing the scope of discovery that can be undertaken by both parties.
  • Discovery is a formal process of investigation to determine facts relevant to the dispute. The investigation can include taking witness statements and reviewing documents required to be disclosed by the other disputing party.
  • Conducting the arbitration hearing in which both sides of the dispute may submit testimony, other evidence such as documents,and arguments.
  • Each side's position may be summarized in a written document, often called a statement of the case, and be submitted to the arbitrator to review as part of the hearing process.
  • Making a decision resolving the dispute based on the testimony, evidence and arguments submitted by both sides of the dispute.
  • A decision may include granting an award of money.

Why Is an Arbitrator Important?

Arbitration is a popular form of alternative dispute resolution that is used by many individuals and businesses to resolve disagreements in place of pursuing a lawsuit. Knowing the role an arbitrator plays will help you understand the process and be more effective if you participate in arbitrations.