Not All Arbitrators Are Created Equal: Key Considerations for Fair Dispute Resolution

By: Raul Romaguera
Florida Supreme Court Certified Circuit Civil Mediator
Florida Supreme Court Qualified Arbitrator

Whether you have a contractual arbitration case, or a non-binding arbitration case, the selection of arbitrators can be very important. The arbitrator’s background should include relevant education, training, and experience in the field of arbitration and the subject matter of the case. For example, do you want an individual or individuals deciding your case that may not be familiar with construction defects or medical malpractice? The arbitrator should employ the same set of standards and burden of proof that are used in a court room, albeit acknowledging that the Rules of Evidence are more relaxed in arbitration matters. An arbitrator should decide the case on his/her review and not on a perception of what a jury or a judge might do.

Arbitration awards should be carefully considered and based on a thorough review of the evidence and arguments presented by the parties involved. The awards should reflect a balanced and well-reasoned decision that upholds the principles of justice and fairness to all parties. Any award should never be based on “splitting the baby” but an impartial review of the evidence presented by the parties. As in everything in life and law, there are winners and losers. An arbitrator must decide the outcome without fear or favor. It is therefore important for arbitrators to maintain the highest standards of professionalism and integrity to ensure that the arbitration process is credible and effective for all parties.