Mediation & Arbitration / 1 min read
One of the first steps in any arbitration is the selection of the arbitrator. The selection process – although seemingly simple and sometimes relegated to a mere ministerial act – is the single most important decision in the entire arbitral process. It's also one of the only times litigation counsel and the client can exercise some control over the process.
The arbitrator is generally selected in one of two ways:
- by exercising strikes and ranking proposed arbitrators from the list generated by the industry management provider, such as the American Arbitration Association (AAA) or Judicial Arbitration and Mediation Services, Inc. (JAMS) or
- selecting a wing arbitrator to serve on a panel who will then be instrumental in the selection of the panel chair.
Regardless of the selection process, this is a huge opportunity.
Interviewing a prospective arbitrator allows for exploring relevant experience, addressing discovery or cost concerns, the availability of the arbitrator within a particular time period, and the list goes on. While discussing specifics of the case is off limits, discussion of the general facts can lead to an inside view of the prospective arbitrator's experience with specific types of construction, manufacturing facilities or processes, and other dynamics that could be important and relevant to the proceeding. The interview offers a glimpse into the person that cannot be acquired merely by reviewing a biography or resume.
In addition to learning the background and experience level of the prospective arbitrator, the interview can also highlight personality traits or ideologies that may or may not be advantageous to your case. Conducting a personal interview of a prospective arbitrator in addition to thoroughly researching the arbitrator's qualifications and experience, can make the difference in a successful outcome.