What To Look For In An Arbitrator

What is the most famous arbitration case of all time

? If you are a bit familiar with the Bible you probably already know the answer...

So, there were two women that each claimed to be the real mother of one unfortunate baby. Nobody could decide what to do with the case, so it was brought before the king of Israel, King Solomon to make the decision or to arbitrate, in other words.

King Solomon listened to the claims of each of the women, and then put his arbitration skills into action. Since there was no way to decide who the real mother was he said that the baby should be cut in halves so that one half could be given to each women. Now dear reader, please don't misunderstand, he had no intention to put the baby to death, rather this was a ploy to discover the identity of the the real mother. So, upon hearing the decision one of the women begged the king to reconsider his decision and give the baby to the other women. So what did the King do? Just the opposite. The women that begged that the child be saved was obviously the real mother, and she was rightfully given the baby.

In the case of the baby King Solomon showed his unsurpassed wisdom, and he gained the respect of people far and wide. And, although modern arbitration cases would be very unlikely to unfold in the way of King Solomon and the baby, the story does show the importance of having a good arbitrator. A good arbitrator is able to clarify the truth, apply the law, and decide in favor of one of the parties.

With that said, let's look at a list of 4 traits that are particularly important when choosing an arbitrator.

Knowledgeable- Since your arbitrator will be judging serious legal matters he/she needs to be an expert in the issues at hand. You should know that not all arbitrators are certified lawyers. If you find an arbitrator who is not a certified lawyer ask yourself, and them, why they think they are qualified to arbitrate your case. Also, a fitting arbitrator should be familiar with the the specific laws pertaining to your case. That is to say, if you are involved with an employment dispute the arbitrator should be an expert in employment law.

Experienced- With experience an arbitrator has had the opportunity to learn from mistakes, and has been able to develop their ability to apply the law to real cases, and has refined their ability to relate to clients and to decide cases.

Fairness- Everyone has feelings, but a good arbitrator needs to arbitrate their cases without letting their personal feelings cloud their judgment.

Ethical- Sometimes a client will hire an arbitrator more than once. The arbitrator need not make his/her decisions based on any desire to be hired in the future.

Remember if you hire an arbitrator they will be judging your case, so it's a good idea to judge their abilities before you hire them.

by: Karel Stan

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