Caldwell & Kearns, P.C.
877-490-6665 717-743-1682

Protecting clients in the most complex legal disputes

Selecting the right arbitrator is of critical importance

Arbitration, as we mentioned last time, can be an effective way for parties to resolve a dispute, but it is critical that the arbitrator handling the dispute is knowledgeable about the process and is experienced in handling disputes via arbitration. Because arbitration is a contractual agreement, parties are bound in the selection of an arbitrator based on the terms of the agreement.

In some cases, arbitration agreements are very specific about whom the proceedings will be handled by, while in other cases parties have to come to an agreement after a dispute arises. There are several options as far as selecting an arbitration, including using a national third party organization that maintains a list of arbitrators and finding a local arbitrator. 

When arbitration is handled by a third party organization, parties have at their disposal a wide variety of potential arbitrators. Each organization uses slightly different procedural rules for the arbitration process, and it is important to be aware of these rules since they impact how the process works. Some organizations use different rules for different types of cases.

Another possibility for parties is to find an arbitrator at the local or regional level. State and county bar associations are a good resource for finding experienced arbitrators and mediators. Whether or not parties choose to use a national organization or state and local channels to find an arbitrator, selecting the right person for the job is critical.

Arbitrators must have the ability to remain neutral, and must have the right background and knowledge to be considered competent to handle arbitration proceedings. This is particularly important when the dispute in question involves specialized issues.

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Caldwell & Kearns, P.C.
3631 North Front Street
Harrisburg, PA 17110-1533

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