An important benefit of arbitration is being able to select a neutral third-party with the relevant knowledge and experience needed to resolve your dispute. In traditional arbitration, there are several steps involved in picking an arbitrator, resulting in what can be a long process in many cases. However, Complete Online Dispute Resolution (“C-ODR”) can significantly improve your ability to get a high-quality arbitrator in a very efficient manner.
Parties looking to use arbitration should work with ADR providers who only use highly skilled and knowledgeable professionals. Ideally, their list of arbitrators should include former Judges, Magistrates, Administrative Hearing Officers and law school professors and others with in-depth expertise. These individuals should have experience in the relevant area of law, industry or type of claim.
Traditional Arbitrator Selection Process
Once you are working with an ADR provider, the provider will have its own method of assigning an arbitrator to your case. Typically, the organization provides a list of qualified arbitrators to the parties who then make a list of which ones are not acceptable and rank the ones who are acceptable. If the parties can’t agree on a qualified arbitrator, they may be forced to file a lawsuit so that a judge can choose the arbitrator.
When the parties can select their arbitrator with the “list” method, there is a risk that an arbitrator will “split the baby” when deciding cases to cull favor with the parties so they will be selected again on future matters. Although most arbitrators are fair and impartial, the “list” method does introduce a potential for biased decision-making.
Advantages of a Software Solution
Using software to select an arbitrator can provide the same quality assurances as the traditional arbitrator selection process without the downside. For instance, ARS’ proprietary algorithm selects the arbitrator based on their level of expertise for a specific matter. Before being added to the ARS panel of arbitrators, each potential Arbitrator is interviewed, and his/her qualifications are verified. Once placed on the panel, an arbitrator will only be assigned cases where his/her background shows a high level of expertise. The computer randomly assigns cases to arbitrators based on their strongest areas of knowledge. Since the software makes the selection based on the type of experience the parties need, there is no risk of bias. In addition, before a matter is assigned to an arbitrator, ARS also conducts a conflict check to make sure that the arbitrator has no connection to the parties to ensure their neutrality.
The selection of a fair and knowledgeable arbitrator is critical., but the process should not impose additional and unnecessary burdens on the parties. An online ADR provider that incorporates highly skilled arbitrators, sophisticated matching technology and conflicts checks offers a fast, cost-effective solution to choosing an arbitrator.