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Ontario|Arbitration / MediationArbitration 498 Criteria for selecting an Arbitrator One of the primary considerations in selecting an arbitrator is: Do you want a person primarily know for his or her understanding of law or someone who is thoroughly familiar with the subject matter of the dispute? Or, do you want someone who is well versed in both?
There are no limits to the kinds of arbitrations that can structured. Despite that fact, most arbitrations will resemble the procedure, form and format of a court room hearing. There may be witnesses, witnesses will be sworn, witnesses with give testimony and witnesses will likely be cross-examined. During the arbitration hearing, one party or the other may make a motion for interim relief or on a procedural matter. If the arbitration takes on this air, then you may want to have an arbitrator who is familiar with legal procedure, legal precedent and legal reasoning. A person trained in the law, such as a lawyer, would be well suited for arbitrating in such circumstances.
Often, disputes are deeply steeped in a particular area, such as construction, accounting, medicine, or computers. In such cases, the disputants may feel comfortable in addressing an arbitrator who has great familiarity with the subject matter. With such an arbitrator, basis terms do not have to be explained, and the arbitrator may be readily able to relate to the experiences being presented.
In some instances, it may be possible to find an arbitrator who is versed both in the law and has experience in the subject area in which the dispute has occurred.
It should be kept in mind that in the public court system, disputants cannot forum shop. That is, they cannot pick the judge that they feel best understands the subject area or has the best appreciation of the law that will arise and be relevant in the dispute. In the public court system, the judge fulfills the task and dispenses justice on the basis that he or she is impartial, unbiased, has no conflict of interest, and is capable of appreciating the facts and applying the law.
In an arbitration, the disputants can select whomever they want to be the arbitrator. Of course, all disputants must agree on the person selected. Who is best suited for the task will depend on the circumstances, the dispute, the kind of arbitration that has been structured and ultimately the agreement between or among the disputants.
For legal assistance with an arbitration, you should consult a lawyer. For more information about arbitration, refer to other sections of Legal Line .
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