what if we do not agree on an arbitrator?

the appointment of an arbitrator can be more complicated than selecting a mediator. after all, the mediator will not make a decision for you. the arbitrator will.

closure is neater in arbitration when all parties agree to the arbitrator tasked with making a binding decision for them. as with mediator selection mechanisms, there are mechanisms available to help in situations where parties cannot agree on who will arbitrate their dispute. sometimes, such mechanisms are offered in the authority that directs parties to arbitration. it can be helpful to check there first.

unfortunately, several mechanisms that assist with the appointment of an arbitrator are costly. the default - which i believe should only be used in a worst case scenario - involves going to court to have a judge appoint your arbitrator for you. this can take time + add cost to resolving the dispute.

another costly option is to have a panel of arbitrators. for example, in a two party dispute, each party can appoint one arbitrator and ask them to appoint a third to lead the process. again, this adds costs that risk being disproportionate in a majority of cases.

when a single arbitrator is all that is needed to decide a dispute, parties can look to rosters, qualification criteria, availability, cost + subject matter expertise to find the right fit. as with mediator selection, they can each nominate a representative to collaborate with a designated representative of others involved in the matter to make a determination.

 

 

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