why don't you caucus in arbitration?

what is known as "caucusing" is a fairly common procedure in mediation where the mediator has a private conversation with one party outside of the presence of another. in mediation, caucusing can be helpful to consider options, reality check + think. in arbitration, caucusing is not appropriate.

from my appointment as arbitrator on, all communications with parties to an arbitration about the dispute include all of them. this is important as a fair process requires transparency. all contact about the dispute between the parties + the arbitrator should be known to everyone. this allows a fair opportunity for parties to address the submissions of others + a full understanding of what is before the arbitrator to consider.

arbitration awards have been set aside by the courts in circumstances where a party + arbitrator communicate outside of the presence of another party, so this practice also helps ensure that an arbitrator's award can be upheld, delivering the closure that is intended.



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