Roles and Responsibilities of Arbitrator
The following are the roles and responsibilities of an arbitrator:
1. Conducting the Arbitration Process: One of the key responsibilities of an arbitrator is to monitor and administer the arbitration process. This involves establishing procedural norms and timetables, specifying the scope of the arbitration, and ensuring that all parties are given an equal opportunity to submit their case. They also ensure that the procedure is consistent with arbitration laws or agreements between the parties.
2. Developing a Communication Structure between Parties: An arbitrator establishes a communication framework that enables opposing parties to participate in productive discourse. This includes establishing ground rules, controlling communication among the participants, and encouraging open talks to promote mutual understanding of the concerns. To develop this framework, the arbitrator first establishes ground rules that both parties agree to.
3. Evaluating Evidence and Testimony: They study and assess the evidence presented by the parties during the proceedings. This might contain documentation, witness testimonies, expert views, and other pertinent material. An arbitrator evaluates the credibility and reliability of evidence to establish its significance in the final judgment.
4. Ensure Procedural Fairness: An arbitrator’s responsibility is to ensure procedural fairness by presiding over the procedure in an unbiased manner. They provide a fair environment by letting both sides present their cases, facts, and arguments free of bias or prejudice. The arbitrator guarantees that all parties receive equitable treatment while following the norms of due process, natural justice, and openness.
5. Maintaining Confidentiality: As a neutral third party, an arbitrator guarantees that all parties present safeguard the sensitive information they provide and do not divulge it to unauthorized persons. This secrecy fosters confidence, enables all parties to openly share their problems, and promotes a fair and fast conclusion. An arbitrator works to safeguard the integrity of the arbitration process by adhering to rigorous confidentiality norms.
6. Other Responsibilities: Apart from the above-explained responsibilities, arbitrators have other sets of responsibilities, such as:
- Meeting with each party in a dispute to answer questions and explain the arbitration procedure.
- Reviewing both parties’ evidence and paperwork.
- Evaluate information from papers such as claim applications.
- Interviewing witnesses to get crucial information.
- Organizing and managing negotiations between parties
- Researching laws and policies to determine results.
- Determining which side is responsible and how much they owe the other party
- Creating settlement agreements with both parties, writing decision statements, and gathering evidence for court proceedings, etc.