Arbitrator

Arbitrators have responsibilities similar to those of judges but their "courtroom" can be anywhere. The place and arbitrator usually are chosen by the disputants (the people involved in the dispute).

In general, arbitrators:

• conduct an initial meeting with disputants to outline the arbitration process, settle procedural matters such as meeting locations or arbitration fees, and determine the number of witnesses and how much time resolving the dispute is likely to take
• conduct hearings in which each disputant gets a chance to present evidence and arguments, call witnesses and cross-examine the other party's witnesses
• assess the merits and validity of the arguments and evidence presented
• write a decision which makes an award and states the reasons for the decision.

Arbitration may be used to settle disputes between management and labour, businesses and consumers, claimants and insurance companies, business partners, marriage partners or other parties. Arbitration is recommended over taking a dispute to court when:

• the disputants want to resolve the conflict quickly and relatively efficiently and cost-effectively
• the dispute involves complicated matters requiring an arbitrator who has expertise in a particular field
• the parties can agree to a schedule and guidelines for resolving the dispute
• the dispute involves confidential matters.

Arbitration gives disputants the opportunity to choose an arbitrator who has some expertise regarding the issues in dispute.

Arbitration can be a formal process or it can be quite informal depending on the circumstances. Arbitrators may conduct hearings in board rooms, hotel conference rooms, construction sites or anywhere else that is acceptable to all parties. Likewise, hearing dates and times are negotiated by the parties or set by the arbitrator at the beginning of the process.

Arbitrators need the following characteristics:

• a neutral, unbiased attitude
• good communication skills, including listening skills and the ability to write decisions clearly, logically and concisely
• the ability to establish rapport with all kinds of people
• the intellectual ability required to deal with complex factual material, analyze problems, identify and separate the issues involved, and apply legislation and precedents in decisions
• good judgment.

They should enjoy synthesizing information to develop innovative approaches to conflict resolution, co-ordinating information, and dealing with people.

Below-average occupational growth is expected in Alberta for 2016 to 2020. Job openings are a result of employment turnover and newly created positions.

Arbitrators often work in other occupations and contract their services as arbitrators when they are needed.

When people agree to take their dispute to arbitration, they must find a mutually acceptable arbitrator, preferably someone who has:

• training or experience in arbitration
• a good reputation for making sound, impartial decisions
• some knowledge of the subject area concerned in the dispute.

Disputants may obtain a Directory of Arbitrators and Mediators from the Alberta Arbitration and Mediation Society or ADR Institute of Canada.

Procedures for appointing arbitrators vary. Disputing parties may choose a single arbitrator or a panel of three arbitrators. In some circumstances, the court may appoint an arbitrator.

Alberta Arbitration and Mediation Society (AAMS) website: www.aams.ab.ca

ADR Institute of Canada website: www.adric.ca

For more information on career planning, education and jobs, visit the Alberta Learning Information Service (ALIS) website, call the Alberta Career Information Hotline toll-free at 1-800-661-3753 or 780-422-4266 in Edmonton, or visit an Alberta Works Centre near you.