Arbitration is a growing alternative to traditional litigation. Its popularity has opened up genuine employment opportunities for lawyers and business professionals interested in resolving disputes.
Flexibility
An arbitration lawyer Atlanta is often hired to help clients level the playing field against large companies and employers. Arbitration is a binding legal process that affects legal rights and generally isn’t appealable.
Many of the specifics of arbitration can be agreed upon before a case’s commencement. However, unforeseen issues can arise. For instance, if a dispute involves multiple countries, it may be necessary to fly in fact and expert witnesses for extended periods, which can add up.
In addition, there may be discovery requests and the need for rebuttal reports. These issues can greatly extend the duration of the arbitration. Ultimately, an experienced arbitration lawyer can provide a cost-effective and efficient approach to litigation. This can make the difference in winning an arbitration award.
Experience
An arbitrator’s professional background and education play a big role in handling cases. Many have been lawyers or judges, but you also have those who are experts in fields such as insurance, finance, health care, engineering, and construction. Each arbitrator has a unique style in rendering final awards. A party looking to bolster its case with strong legal precedent might choose an arbitrator known as a “strict textualist.” Conversely, parties with more complex, nuanced arguments may be better served by an arbitrator who takes more time to hear evidence and draft a decision. At an arbitration hearing, parties will present their arguments through statements and cross-examination of witnesses. They will also file legal submissions, similar to trial briefs in a court case.
Expertise
Expertise is a formal term to describe specialized knowledge and skills in a particular field. This includes technical expertise, professional experience, and the ability to apply knowledge to a specific problem.
Arbitrators with expertise in a specific industry sector are particularly valuable. They can help solve complex business disputes, including those involving the valuation of businesses and financial losses such as from intellectual property infringements. Becoming an arbitration representative requires a bachelor’s degree or higher and strong communication, listening, and decision-making skills. Additional qualifications include a lawyer or legal professional background or experience in a similar role. Some states require that arbitrators be licensed lawyers or state bar association members. Many arbitration programs require a minimum of five previous arbitration decisions and three letters of reference to qualify.
Empathy
Empathy involves understanding the thoughts and feelings of another person. This is often referred to as “theory of mind.” People are typically more accurate in empathizing with someone they know than strangers.
Empathy is different than sympathy. Sympathy sees a person in a deep hole but remains on higher ground and talks to them from above. The empathetic person climbs down the hole to sit beside them, helping them to feel less alone. Some philosophers have criticized empathy as epistemologically naive, arguing that it conceives of understanding other agents as a direct meeting of minds outside of any cultural context. Other scholars argue that empathy can play a critical role in social science. For example, it can help to motivate prosocial behavior and improve social skills in the workplace.
Communication
An arbitrator must communicate effectively with the parties and their attorneys. The hearings will likely involve conversations about private matters, so the arbitrator must understand how to keep those discussions confidential.
A good arbitrator must also be able to handle the administrative aspects of arbitration proceedings. This includes ensuring that all necessary documents are available and provided promptly. It also means being able to manage the schedules of parties and witnesses, as well as coordinating with other arbitrators who may be involved in the case.
Many disputes require expert witnesses to provide financial, accounting, industry, or engineering insights. This can add to the duration of the process, particularly when preparing and conducting expert witness depositions or giving testimony at the arbitration hearing.