I am sure that we all know what court is, what law is, what judge is and what proceeding is. But I am not sure how many of us actually know what arbitration is and what it does. Arbitration is a private procedure that takes place without the presence of a judge and can even take place in your workplace conference room. It is basically the alternative way for the dispute resolution process.
Arbitration may take place only if both parties agree to have their issues handled through arbitration. In arbitration procedures, party autonomy is essential, which implies that parties are typically allowed to agree on how the arbitration should progress. Arbitration, in contrast to the court procedure, is sometimes regarded as less formal due to the idea of party autonomy discussed above. The parties are not required to cope with the procedures and complexities of a judicial proceeding.
As an arbitrator, you will oversee cases from referral through resolution, and your responsibilities may vary depending on the kind of dispute. Here are some of it:
1. Drafting an arbitration notice that clarifies what is expected of the parties and specifies all aspects of the dispute.
2. Obtaining evidence from both the claimant and the respondent.
3. Deciding on a resolution to the issue based on the information and arguments presented by both parties
4. Carrying out any necessary follow-up communications
Being an arbitrator requires you to be detailed with every information that you gathered because it helps with the arbitration process.
Down below, I will list down some skills that you need to have to be an arbitrator:
1. The ability to be impartial, evaluate evidence and make effective decisions because people will look up to your judgement and calls.
2. Excellent interpersonal skills, as well as the ability to work successfully in groups and with others which includes great communication skills to ensure that there are no misunderstandings during the expedited arbitration or during the process of gathering information and evidence.
3. Problem-solving skills, as well as self-assurance in your judgments because an arbitrator should be able to have excellent negotiation skills which depend on how confident you are with your judgements.
There is a lot more skills that you have to excel at and you will learn throughout the years of arbitration proceedings.
Just like being a judge, arbitrator also have wide range of issues to settle which includes:
1. Commercial or financial disagreements.
2. Commercial conflicts that occur on an international or cross-border scale.
3. Disagreements in the workplace, such as wrongful dismissal or claims under flexible working regulations.
4. Family issues such as child support, property, or finance.
Arbitration can take place only if both parties agree. In the event of future contract problems, the parties include an arbitration clause in the contract. A submission agreement between the parties can be used to send a pre-existing issue to arbitration. Arbitration, unlike mediation, cannot be terminated unilaterally. All in all, arbitration is almost the same as court proceedings just that it is more private but at the same time has less etiquette.