How can I find an arbitrator?

In some instances, if you have signed an arbitration clause with a company, the contract will specify exactly who your arbitrator will be. In other instances, however, you may decide to arbitrate on your own, such as if you want to avoid divorce litigation. In such instances, there are some things you should consider before hiring anyone claiming to be qualified. Remember, arbitration is legally binding once you agree to it and your opportunity to appeal to federal courts will only result in a new decision if there was some major procedural error. Generally, whatever decision the arbitrator makes is going to be one you have to live with. This means it is imperative to do your research and find a good arbitrator before you make a final choice.

Finding an Arbitrator

Your lawyer should be the first person that you contact in regards to finding an arbitrator. Lawyers usually have networks in the field of dispute resolution that can far outreach your own, and they rarely deal with people with insufficient qualifications. Most likely, your lawyer has information on which arbitrator has prior experience in what area, and will likely have one or more people to recommend. In fact, your lawyer will probably have an opinion about which of your choices might be more or less biased and more or less likely to rule in your favor. You’ll know at least that the recommendation is coming from an expert you can trust.

In some cases, though, you may need to find an arbitrator on your own. Perhaps you aren’t using a lawyer. Although arbitrating a case without legal representation is not recommended, you could visit the American Arbitration Association to view a list of qualified arbitration specialists in your area. If you’re still unsure about the party you’ve been pointed toward, you can inquire as to their business standing with the Better Business Bureau to obtain any record of actions filed against them or reports with the bureau.

Case Studies: Finding the Right Arbitrator

Case Study 1: Resolving a Contract Dispute

John and Sarah entered into a contract for the construction of their new home. Unfortunately, a disagreement arose regarding the quality of work and the agreed-upon payment schedule. The contract included an arbitration clause, leaving the choice of an arbitrator up to them.

John and Sarah consulted their respective lawyers, who recommended a reputable arbitrator with a background in construction law. By selecting an arbitrator with relevant expertise, they were able to resolve their dispute efficiently and reach a fair settlement.

Case Study 2: Navigating a Divorce Settlement

Lisa and Michael decided to pursue arbitration to settle their divorce instead of going through a lengthy and costly litigation process. Without legal representation, they needed to find an arbitrator on their own.

They turned to the American Arbitration Association, a trusted organization specializing in dispute resolution. After reviewing the list of qualified arbitrators in their area, Lisa and Michael chose an arbitrator who had experience in family law matters.

This decision allowed them to achieve a mutually acceptable divorce settlement in a timely manner.

Case Study 3: Ensuring Fairness in Commercial Dispute

Two businesses, found themselves embroiled in a complex commercial dispute. As they had not included an arbitration clause in their contract, they needed to agree on an arbitrator independently.

Both parties sought recommendations from their respective legal teams. After considering the suggestions, they selected an arbitrator who had a reputation for impartiality and expertise in commercial law.

This decision ensured a fair and balanced arbitration process, leading to a resolution that satisfied both parties.