It is in the Legal World arbitrators are found, they are less formal judges but their rulings are still legally binding; unless otherwise overruled by the higher courts. The exact process to become an arbitrator departs from the type of arbitration position desired; this is due in part to the different types of arbitrator a person seeks to be. There are a few generalized career steps one must take that will assist them on their journey to become an arbitrator.
What Are The Different Types Of Arbitrators?
There are several to name but this article will focus on just a couple of them that are most often used. One such type of arbitrator hears an arbitration case only after a plaintiff has filed their lawsuit. This usually constitutes as an Alternative Dispute Resolution or ADR; the arbitrator of these cases is essentially seeking to reduce the time and costs placed on the legal system. While it is very difficult to become this one type of the arbitrator, mainly due in part to the fact that applicants seeking certification must have a minimum of 10 years’ experience as a lawyer, be a member of a Law School Faculty and or a member of the Bar of the District Court, and have given a minimum of 50% of their time to Litigation or an Alternative Dispute Resolution for a minimum of 5 years.
It is clear that should you want to become this type of arbitrator, you will have a long haul ahead of you. One must also know that there are some courts that will more often than not expect some specific type of arbitration or ADR training before one is given certification to even be an arbitration applicant.
There are some types of arbitrators that do not need to have so much legal training. With Business Contracts, arbitration clauses are found and require the parties to go to a binding arbitration when a dispute with the contract comes up. It is in this case, that an arbitrator is an expert who is certified by what is known as a non-governmental organization. With this type of arbitrator, the only qualifications are that required are that of the organization that certifies them for that specific type of arbitration.
The AAA retains a roster of Approved or Certified Arbitrators. It is then that the parties who are in dispute are agreeing to select from this roster. It is a requirement by the AAA allow for business expertise verses the work of a lawyer with, of course, many other requirements; like training in arbitration and an educational degree in the applicant’s arena of experience.
What Does It Mean To Be An Arbitrator?
In the simplest way I can articulate it, it means to put an end to the dispute and come up with the best resolution possible. Everyone involved in the dispute will want the process and the outcome of the dispute to go their way; it is almost unavoidable but it does not mean it has to be this way.
As an arbitrator, you will have the ability or “power” to make a difference in your arbitration field of choice. The best you can do is give as much as you can without selling out.