8 Essential Questions to Ask When Hiring an Arbitrator in California

Dispute resolution is a crucial aspect of business relations, and the role of an arbitrator is at the very heart of this process. This role transcends mere dispute settlement and encompasses fostering relationships, maintaining business continuity, and upholding justice. Given these high stakes, it's essential to choose the right arbitrator. If your arena of operation is the Golden State, this post will guide you through the labyrinth of hiring an arbitrator in California by posing eight quintessential questions.

• What is your experience and qualification?

  The initial question must delve into the arbitrator's provenance in terms of their experience and qualifications. A law degree is typically seen as a precursor to the profession, but it's not the be-all and end-all. Pertinent experience in the field, and a post-graduate degree or diploma in arbitration or a related field, can significantly enhance an arbitrator's effectiveness. Moreover, an arbitrator well-versed in the industry specific to your dispute can provide an in-depth understanding that could be crucial in the resolution process.

• Are you a member of any professional body?

  Professional bodies like the American Arbitration Association, or the California Dispute Resolution Council, require stringent standards of professional conduct and ethics from their members. Arbitrators affiliated with such organizations tend to be meticulous, committed, and adhere strictly to the principles of fairness and impartiality.

• How do you approach the arbitration process?

  The arbitration approach varies among practitioners. Some may adopt a more facilitative stance, akin to mediation, focusing on problem-solving and fostering dialogue. Others may take an evaluative approach, acting more like a judge and making decisions based on the legal merits of the case. Understanding an arbitrator's approach helps in setting expectations for the arbitration process.

• What is your availability?

  Arbitration can be a lengthy process, often lasting several months. Hence, it's important to ensure the arbitrator's availability aligns with the timeline of your case. Having an arbitrator who can dedicate sufficient time to your case can make all the difference in ensuring a thorough and timely resolution.

• What is your fee structure?

  Arbitration can be a cost-effective alternative to litigation, but it's not necessarily cheap. Arbitrators usually charge per hour, per day, or a flat rate for the entire case. Knowing the fee structure upfront can help in budgeting and planning the dispute resolution process.

• How do you handle arbitration ethics?

  Ethics is the bedrock of arbitration, and the perception of fairness is as crucial as fairness itself. It's essential to know how potential arbitrators handle potential conflicts of interest, confidentiality issues, and their stance on the tenets of impartiality and independence.

• How do you manage the discovery process?

  In arbitration, the discovery process is often less formal and extensive than in court. Nevertheless, it's instrumental in the fact-finding mission crucial to the case. An arbitrator adept at managing discovery can strike the right balance between ensuring a fair process and preventing unnecessary delays or costs.

• Can you provide references?

  References can provide insights into an arbitrator's style, effectiveness, and reputation within the industry. A set of positive references could be the final element that tips the scale in favor of an arbitrator.

Identifying the right arbitrator in California is a nuanced process, akin to navigating a complex amalgam of systems theory and game theory. This selection process involves an intricate dance of assessing qualifications, understanding approach, ensuring availability, and considering costs - all while maintaining the highest ethical standards. By posing these eight questions, you can minimize uncertainty and optimize your chances of resolving your dispute in the most effective manner possible.

This post will guide you through the labyrinth of hiring an arbitrator in California by posing eight quintessential questions.