How to become An Arbitrator

• Alternative Dispute Resolution Coordinator
• Neutral Facilitator

What do Arbitrators do?

An Arbitrator would typically need to:

• Facilitate negotiation and dialogue between disputing parties to help resolve conflicts outside of the court system and across international borders
• Provide the procedural framework for the arbitration from initial referral to resolution
• Determine fees and number of hearings; conduct initial meetings with disputants to outline the arbitration process
• Settle procedural matters such as number of witnesses, what evidence may be submitted, and when hearings will be held
• Conduct and facilitate private hearings to collect evidence and data from both parties, agents, and witnesses; document summaries of both sides and their arguments
• Interpret and apply corresponding laws, policies, precedents, and regulations; evaluate situations, hearings, arguments, and evidence presented by both sides
• Evaluate information from documents such as claim applications, birth or death certificates, and physician or employer records
• Resolve the dispute based on the arguments and evidence; draft settlement agreements for both the parties to sign; conduct appropriate follow-up communication
• Maintain an online professional profile and respond to correspondence from existing and potential clients
• Network, develop contacts, build their reputation, and manage finances such as fees, taxes, and invoices, if self-employed

Most Arbitrators work in private offices and facilitate hearings in private meeting rooms in and around large cities. Travel to a neutral site for negotiations is essential in most cases, primarily when they focus on international or cross-border disputes.

Working hours will depend on the type of arbitration and whether you are self-employed or work for an organization or a law firm. Usually, self-employed Arbitrators work outside normal hours while regular employees work standard business hours while allowing for evening work and international operating hours, when necessary. Part-time positions and job sharing are viable options.

Arbitrators may choose to practice solo or in a group practice. Arbitration might be the sole employment, part of an existing job as a lawyer, or part of a portfolio career. Government and private organizations may have Arbitrators on their permanent payroll. Charitable organizations and NGOs that have an in-house mediation service will also employ Arbitrators.

Finding a new job might seem challenging. Arbitrators can boost their job search by asking their network for referrals, contacting law firms directly, using job search platforms, going to job fairs, leveraging social media, and inquiring at staffing agencies.

Arbitrators are generally employed by:

• Law Firms
• Legal Services
• Independent or Specialist Arbitration Services
• Barrister Chambers
• NGOs & Charitable Organizations
• Education, Health Care & Social Assistance Organizations
• Government Organisations
• Independent Advice Centers
• Regulatory Bodies
• Trade Unions

Professional associations and organizations like the International Council for Commercial Arbitration (ICCA) and New York International Arbitration Center (NYIAC) are crucial for those interested in pursuing professional development or connecting with like-minded professionals in their industry occupation. Membership in one or more adds value to your resume while bolstering your credentials and qualifications.

• Stressful and mentally challenging cases, especially those dealing with family and medical settlements
• The need to follow ethical guidelines and remain calm in the face of emotionally volatile clients and situations

Many Arbitrators begin their careers through internships, apprenticeships, residencies, and work experience. You may be required to pass an examination or complete a certain amount of training before being allowed to practice arbitration. While the number of hours of training varies, it usually ranges between 20 to 40 hours.

Relevant work experience will help you make informed choices on the kind of arbitration you wish to undertake and make helpful career contacts. Intense professional competition adds value to general dispute resolution experience, which can be acquired through courts and other debate forums.

Individuals with significant senior-level business, professional or legal experience are usually ideal candidates to take up arbitration as a secondary career. Any paid or voluntary work experience in legal charities, citizen advice forums, consumer protection cells, or the desired field of arbitration is highly recommended. For instance, if you wish to work in family disputes, any experience in social work, psychology, and conflict resolution is highly desirable.

Those interested in commercial or international arbitration should be aware of current events and legal trends in the wider commercial and political world. Significant arbitration cases hitting the headlines should be of particular interest.

Aspiring Arbitrators will gain valuable skills from working in HR, social welfare, health patient advocacy, and trade unions. As in any career, reading as much as possible about the profession and interviewing those working as arbitrators are other important ways to explore your interest.

A law degree is the most desirable qualification a prospective Arbitrator should acquire where disputes involve legal issues. It will also give you access to specialized positions.

A bachelor’s degree in international dispute resolution, international relations, consumer law, public policy, finance, social work, psychology, political science, or business administration will serve you well if the dispute involves factual issues. A postgraduate degree will help you excel in a particular field such as family disputes, insurance, or health.

Some educational institutions offer a pathways program that provides progressive educational training in domestic and international arbitration, construction adjudication, and mediation courses. Applicants need to show proof of relevant knowledge and study through appropriate academic, volunteering, or employment programs.

Those who wish to specialize in commercial law and international dispute resolution will benefit from learning foreign languages.

Take college preparatory courses in psychology, political science, and business studies in high school. English and speech classes will help you develop your research, writing, and oral communication skills.

Certification demonstrates an Arbitrator’s competence in a skillset, typically through work experience, training, the passage of an examination, or some combination of the three.

Prospective Arbitrators seek general or specialized certification from an objective and reputed organization to gain professional credibility, stand out in a competitive job market, and become an independent consultant. Although not mandated by all employees, certification may be necessary to obtain liability insurance and work on certain cases.

You may require professional licensure depending on your chosen area of expertise. Financial arbitration, for example, would require a CPA license in addition to the most appropriate academic degree.

Arbitration is gaining recognition as a preferred alternative to traditional litigation, which can drain one’s time, energy, finances, and peace of mind. Performance, experience, and acquisition of professional qualifications drive the career progression of Arbitrators.

Globalization trends, particularly in the legal profession, enable Arbitrators to venture beyond their backyard and area of expertise. The entire world is your oyster.

In locations where accredited charterships are a possibility, established Arbitrators may aim for senior positions and take on more high-profile and complex cases where not reaching an agreement could have serious consequences.

Promotion to management or partner roles may include overseeing staff, generating revenue, and monitoring and developing the quality of practice. Self-employed Arbitrators may view career advancement along the lines of freedom to choose the cases and develop their business in specialist areas of arbitration.

Because Arbitrators deal extensively with legal issues and disputes, those with a law degree should have better job prospects. Besides, lawyers with expertise or experience in one or more particular legal areas, such as environmental, health, or corporate law, should have the best job prospects.

Continuing professional development (CPD) is the holistic commitment of Arbitrators towards enhancing personal skills and proficiency throughout their active careers through work-based learning, a professional activity, formal education, or self-directed learning. There are a whole host of specialist training courses, events, seminars, member resources, online news, and workshops to help professionals in the field.

CPD allows individuals to upskill continually, regardless of their age, job, or level of knowledge. It prevents practical and academic qualifications from becoming outdated. It enables Arbitrators to identify any knowledge gaps and progress to a new specialism.

You can also qualify in a second specialism to increase your knowledge and experience to better meet clients’ needs. Research may also help you develop your professional knowledge and that of other professionals and the general public. It can support the purpose and effectiveness of arbitration and strengthen its future development. Arbitrators keen on research can expect support and additional training from Vitae, a non-profit global leader with over 50 years experience in enhancing researchers’ skills. In partnership with governments, funders of research, academies, professional bodies, trusts & foundations, universities, and research institutes, Vitae offers training, resources, events, consultancy, and membership.

Fair Play

Many individuals and businesses choose alternative dispute resolution (ADR) of their free will. They agree to follow the final decisions of the Arbitrator, who strives to conduct the entire procedure impartially and neutrally. Although the decision is not legally binding, neither party can go to court later even if they do not agree with the Arbitrator’s reasoning and sense of fair play.

A Favored Option

The lengthy process, expense, and publicity often associated with traditional litigation increasingly prompt players in the commercial sector to use an Arbitrator to settle their disputes ideally within six months. That they get to choose an Arbitrator based on a particular skill or expertise is another reason why arbitration is becoming a favored option.

Areas of Expertise

Arbitrators may specialize in one or more of the following areas. Family matters include child maintenance, property, or finance, while employment disagreement involves unfair dismissal or claims under flexible working legislation. You may also focus on financial or contractual commercial disputes, international or cross-border commercial disputes, and maritime or shipping disputes. Sports disputes, such as appeals against disciplinary sanctions or player eligibility and life science issues in research and development agreements, may also form the reason why arbitration becomes necessary.

Keeping Pace with Changing Needs

Professional organizations are revising their rules to keep pace with the perceived needs and wishes of the users of arbitration. A fast-track mechanism for disputes under a particular value, provision for early determination/summary disposal, and changes in the way parties provide legal submission and evidence are all examples of such revisions.

Potential Pros & Cons of Freelancing vs. Full-Time Employment

Freelancing offers Arbitrators freedom regarding flexible schedules, working hours, and location. They have full ownership of the business and can afford selectivity in terms of the variety of projects and clients presented.

While it has unlimited earning potential, freelancing comes with less stability and security, with inconsistent work and cash flow. There is more responsibility, effort, and risk involved. There are no paid holidays, and sick/maternity/paternity leaves are almost unaffordable. There is the added pressure of a self-employment tax and no eligibility for unemployment benefits.

On the other hand, a full-time arbitration has access to company-sponsored health benefits, insurance, and retirement plans. They have job security with a fixed, reliable source of income and guidance from their bosses. Despite that, they are susceptible to potential boredom and inability to pursue passion projects due to their lack of time or effort. With a lack of flexibility, ownership, and variety, there is also a need to budget extra money for commuting and attire costs.

When deciding between freelancing or being a full-time employee, consider the pros and cons to see what works best for you.

A decision by Arbitrators has the same legal effect as a ruling by a regular court. An arbitral award can be enforced in about 150 countries across the world.

Arbitration is the perfect career choice for individuals who seek to ethically implement laws and legislations for the greater good.

All wars are follies, very expensive and very mischievous ones. In my opinion, there never was a good war or a bad peace. When will humankind be convinced and agree to settle their difficulties by arbitration? - Benjamin Franklin