Arbitrator Job Description, Skills, and Salary
Get to know about the duties, responsibilities, qualifications, and skills requirements of an arbitrator. Feel free to use our job description template to produce your own. We also provide you with information about the salary you can earn as an arbitrator.
Who Is An Arbitrator?
At a hearing, an arbitrator examines the testimony and evidence offered by the disputing parties and renders a ruling, which may include a monetary award. An arbitrator can be thought of as a private judge hired by the disputing parties to settle their disagreement. If the arbitration is binding, the parties can only ask a court to overturn the ruling in extremely restricted situations. The victorious party, on the other hand, can seek court assistance in enforcing the arbitrator’s ruling.
ADR is a method of resolving disputes that is effective, efficient, and amicable. Arbitration is a popular type of alternative dispute resolution.
It is frequently utilized in commercial conflicts. Arbitration can be requested by parties that have included an arbitration clause in their contract. One key difference between arbitration and mediation is that one of the parties cannot withdraw unilaterally from arbitration. To ensure that no party gains an unfair advantage, the parties can choose the venue, the language in which the procedures are conducted, and the applicable law.
In an arbitration hearing, an arbitrator acts as a decision-maker and referee,’ much like a judge in a court case. The arbitrator is bound by the rules established in the arbitration agreement between the parties.
Types of Arbitration
Arbitrators are commonly used to settle the following issues:
- Employment disputes, such as wrongful dismissal or claims under flexible working rules.
- Family concerns, such as child maintenance, property, or money
- Monetary or contractual commercial disagreements
- Economic issues that occur on an international or cross-border basis
- Disputes in sports, such as player eligibility or appeals against disciplinary punishments
- Disputes involving biological sciences, research and development agreements, and maritime or shipping disputes
Arbitrator Job Description
Below are the arbitrator job description examples you can use to develop your resume or write an arbitrator job description for your employee. Employers can also use it to sieve out job seekers when choosing candidates for interviews.
- Interpret and enforce the appropriate arbitration rules and statutes.
The arbitration agreement should include the applicable rules. In the arbitration agreement, the parties may also specify a certain state’s law to govern the dispute.
- Manage the extent of discovery that both parties can undertake.
Discovery is a formal investigation process used to determine facts pertinent to a legal issue. The inquiry may entail taking witness testimonies and evaluating documentation that the other disputed party is compelled to divulge.
- Conduct the arbitration hearing, which allows both parties to provide testimony, other evidence such as papers, and arguments.
The positions of each party may be described in a written document, known as a statement of the case, and presented to the arbitrator for examination throughout the hearing process.
- Make a choice about how to resolve the issue based on the testimony, evidence, and arguments presented by both sides.
A monetary award may be part of a ruling.
- Implement any necessary follow-up communication.
Qualifications
To become an arbitrator, there are no legislative criteria. A law degree, on the other hand, is usually most advantageous when disputes include legal issues. If the dispute involves a factual issue, an arbitrator who is knowledgeable in that field may be the best choice.
Although not required, undergraduate or postgraduate degree modules in arbitration, such as international dispute resolution or commercial arbitration, may be of interest.
Public policy, political science, business, and social work degrees are all excellent preparation for this field. Psychology, consumer law, and public speaking classes would also be useful.
The ability to communicate in a second language is advantageous, especially if you wish to work in international arbitration. Many colleges provide master’s degrees in dispute resolution and arbitration, and a number of professional groups offer training. In some states, licensure is necessary.
Essential Skills
– Communication skills – A good arbiter is patient, understanding, adaptable, and an honest listener. An arbitrator must offer all parties an equal opportunity to be heard and present their grievances and their side of the issue throughout the hearing. Arbitration can only be successful if the arbiter is patient.
– Flexible- A competent arbitrator is both formal and flexible, and does not impose superfluous formalities on the parties. He also ensures that he takes careful note of the key issues that the parties raise for resolution and that he makes the parties feel at ease enough to express their grievances.
– Adept- An arbitrator should be well-versed in the subject matter over which he presides. Academic skills, professional competence in the subject matter, and past arbitration experience are frequently used to determine eligibility. A good arbitrator grasps the issues in the case quickly and precisely, then utilizes his knowledge in accordance with the appropriate rules and guidelines.
– Prudent- Because an arbitrator’s decision is final and rarely contested in court, a smart arbitrator considers all relevant factors when making his decision. Before he can make a decision, he needs to hear both sides of the story.
– Unbiased- An arbitrator must not be biased in favor of any side and must conduct the proceedings fairly. When the arbitral proceedings are conducted in a fair and impartial manner, the parties in dispute are more likely to accept the arbitral verdict.
– Discretion- An arbitrator must maintain the dispute’s confidentially and may not discuss it with anyone who isn’t involved in it unless the parties agree to an equivalent.
– Ability to listen. In order to analyze information, arbitrators need to pay close attention to what is being said.
– Skills in reading Arbitrators must be able to examine and separate essential facts from a huge amount of complex data.
– Capacity to write Arbitrators draft appeals and dispute resolution recommendations or decisions. They must be able to clearly write their decisions so that all parties are aware of them.
How to Become an Arbitrator
– Make sure you know what your state’s criteria are.
There are no uniform prerequisites for becoming an arbitrator, and the standards differ greatly from state to state. As a result, the processes you’ll need to follow to become an arbitrator will be specific to the state where you plan to practice.
For example, some states or countries require arbitrators to be licensed attorneys with a specified number of years of experience. In some states, simply a bachelor’s degree is required.
In theory, an arbitrator’s ruling should be comparable to that of a judge, and arbitrators who are registered with courts are almost always current or former lawyers.
– Complete the educational requirements
State-by-state educational requirements for becoming an arbitrator vary. A bachelor’s degree is required in every state. You’ll require a master’s degree in most states (typically in law or conflict resolution).
To practice as an arbitrator in some states, you’ll need to obtain extra ADR certification. A law school or university ADR center is usually the best place to get this certification.
Labor arbitration, insurance arbitration, and finance arbitration are just a few examples of industry-specific arbitration. Arbitrators who want to work in a certain field should seek training or certification from a professional association.
– Search for a job.
As an arbitrator, there is no one-size-fits-all solution. Few large firms specialize solely in arbitration. An arbitrator is more likely to work for a legal firm, a government agency, or a smaller group of insurance firms.
The majority of solo practice arbitrators are enrolled with a court—usually a state civil court—that hears matters in the arbitrator’s specialty. In addition to the state criteria, these courts frequently establish their own requirements for arbitrators. If you intend to get a job through a court-sponsored referral, make sure to check with the court to see if there are any additional requirements.
– Promote your services.
Many arbitrators work alone or with one or two other arbitrators. While some arbitrators work full-time, many others are practicing lawyers who arbitrate on the side. You can check sites where you can advertise your services or join some agencies to advertise your services.
– Getting Credentials from a Reputable Organization
Make a specialization choice.
Because arbitration is essentially a legal field, it is critical for a new arbitrator to focus on one area of practice, such as insurance, labor-management relations, or family law. Because it is difficult to be an expert in every field of law, arbitrators who claim to be general practitioners are less likely to succeed than those who claim to be experts.
Look for a group that represents your specialty.
The majority of arbitration specializations have their own professional associations. These groups enforce ethical standards and best practices, as well as provide certification and continuous education. Joining a professional group can also help you create and expand your professional network.
Because arbitration is a relatively new profession, it lacks a standardized government credentialing process and few recognized national rules. As a result, professional organizations and creating vast personal networks of colleagues in the field are even more crucial than in a conventional job. Unlike an attorney, an arbitrator does not have to pass a bar exam to verify his or her qualifications. The arbitrator is only as qualified as their other arbitrators claim they are in practice.
Check to see if the organization will be of assistance to you.
Numerous organizations offer to “qualify” students as mediators or arbitrators because there is no national consensus on what constitutes an arbitrator’s credentials. It is up to you, the aspiring arbitrator, to choose whether or not these organizations are worthwhile to join. These are some of the things to consider before joining an organization:
Size: There should be more than a few dozen members in a professional organization unless it is exceptionally specialized (by subject or region). Joining a tiny organization will have questionable value because one of the main reasons to join a professional association is to create a varied professional network.
Opportunities for learning: CLE classes are usually offered at a discount to members of professional organizations. Examine the professional association’s CLE offerings and compare them to those offered by other organizations. A varied range of helpful classes should be offered both online and in person.
Reputation: Finally, inquire about the prospective organization with other arbitrators, mediators, and attorneys to see if they think it’s useful to join. It’s simpler than ever to acquire the thoughts of a diverse group of people thanks to online message boards, but don’t forget to ask around locally as well. It’s possible that there are reasons unique to your jurisdiction that make joining a particular organization less valuable.
Where to work
Private Establishment
Arbitrators are typically employed in private offices or conference rooms. They have the option of traveling to a neutral location to conduct negotiations. They can ow their own private practice but it requires a lot of money to start-up and a solid recommendation to thrive
Firms
Arbitrators can also work in larger firms, either as part of a judging panel or as a representative for the firm. Working with an already established firm will not require you to spend a lot of money, as you can thrive riding on the wings of the firm.
Unions
Arbitrators can work for unions in helping union members resolve issues with employers in the most peaceable way without resorting to violence or harmful outcomes. An arbitrator helps employers and employees come to a favorable agreement, the arbitrator also follows up the agreement to make sure that no one defaults or breaches the agreement.
Arbitrator Salary Scale
In Nigeria, the average monthly salary for an arbitrator is roughly 404,000 NGN. Salaries range from 194,000 NGN to 635,000 NGN (lowest to highest) (highest). This is the average pay, paid month, which includes housing, transportation, and other benefits. Arbitrator pay varies widely according to experience, skills, gender, and region.
The average full-time salary for accredited arbitrators with fewer than five years of experience is £28,000. This can climb to an average of £65,000 over time.
Salaries differ depending on whether you are self-employed, employed by a commercial law firm, or employed by a government agency.
You can determine your caseload and set a suitable charge as a self-employed arbitrator. Law graduates with arbitration accreditation, for example, might charge between £350 and £500 per day for their services and experience.
Some charitable arbitration services may recruit you part-time or on a flexible employment arrangement to assist them to keep costs down.