Arbitration is one of the most common alternative dispute resolution methods alongside mediation and negotiation. The ADR methods do not entail going to court but offer formal private processes of resolving patent disputes, industry-related malpractices, asbestos liability cases, or contractual disputes. However, there is a catch. For the dispute resolution process to go on seamlessly to a successful end, a professional in alternative dispute resolution methods must be on board. The parties in a dispute should choose a great arbitrator or mediator for their commercial employment discrimination dispute. But what makes a great arbitrator?
Experience
An arbitrator must oversee the conflict resolution process to make a binding determination. Such a feat will require experience in arbitration. Therefore, parties must choose an arbitrator experienced in resolving their dispute privately. So, what are some of the features that will determine the experience level of the arbitrator? A track record of past achievements in arbitration will be critical. They will reveal the reliability of the arbitrator. You can go through some reviews to gather information that should give you a clear picture of the reputation of the professional you intend to hire. An important assignment like ending a conflict will require someone competent.
Impartiality
The arbitration process needs to be devoid of any unfairness. The final determination or settlement should not be torture to another party involved in the dispute resolution exercise. That is why an impartial arbitrator is a necessity. Every party will have an equal chance to lay down their case. The arbitrator will concentrate on ensuring there is fair judgment. There will be no leaning on one side to influence an outcome. So, a great arbitrator upholds high ethical standards and thus cannot fall into corruption. That will ensure that at the end of the conflict resolution process, every party is happy with the outcome. So, there will be no conflict escalation, hence people can go back to their daily lives.
Confidentiality
Most people who opt for alternative dispute resolution methods, such as arbitration, do so because of the confidentiality they offer. Unlike going to court, arbitration will give you the privacy you deserve as you resolve your dispute. In the appellate court, your dispute is likely to draw much attention, hence infringing your privacy. So, an arbitrator needs to cherish privacy and confidentiality. Details of the conflict resolution process should not be leaked to unauthorized individuals. It goes a long way to protect the dignity of the parties involved in the entire process.
Compassion
Resolving any kind of dispute is not a walk in the park. The dispute resolution process is not immune to experiencing rising tempers. Every party wants to be heard and get a fair judgment. Such will call for a compassionate arbitrator, who will listen to both sides keenly and quell any rising tempers. High tempers are likely to cloud judgment, thus preventing a fair hearing. It is important to have an arbitrator with the composure to control the dispute resolution process.
Understand Arbitration
Arbitration is a process where parties in conflict bring on board an arbitrator to foresee their dispute resolution exercise. However, not every person is suited for this exercise. It will require a professional well-versed in arbitration. The arbitrator has to facilitate the conflict resolution exercise to fruition without any compromise. So, a good grasp of the intricacies of arbitration will help prevent any mistakes that might lead to unfair judgment. Every party must be satisfied with the outcome.
Conclusion
Most people continue to avoid going to court and instead opt for alternative dispute resolution methods like arbitration. Why is that so? In court, you will need a lawyer, and that comes with paying attorney fees. There is also the threat of delayed justice influenced by corruption and appeals. However, arbitration offers a way out of such time-consuming court battles. The parties in conflict will need to hire a great arbitrator who will ensure a fair judgment is the end goal. So, qualities such as experience, compassion, impartiality, and an in-depth understanding of arbitration are essential factors to consider when hiring an arbitrator. Research and reviews will provide critical information regarding the arbitrators that are available at your disposal. You can then filter them to end up with one that is perfect for the dispute resolution process.
