Arbitration is a dispute resolution method that offers an alternative to traditional litigation. While it can be convenient, ensuring neutrality in arbitration proceedings is important. This is especially so when it comes to using this technique in business contexts.
Selecting an impartial arbitrator
Selecting an arbitrator is perhaps the most important decision to make when it comes to ensuring a fair arbitration process. When choosing an arbitrator, it’s wise to consider the individual’s neutrality, experience in arbitration, and transparency efforts. Ideally, the person chosen will be an arbitration professional with no ties to either party involved in the conflict.
Drafting clear arbitration clauses
A fair arbitration process begins with a well-drafted arbitration clause in business contracts. Key considerations include the clarity, fairness, and flexibility of the clause in question. The clause should be clear and unambiguous. It should also provide equal opportunities for all parties and allow for mutual agreement on procedural rules.
Ensuring procedural fairness
Procedural fairness is a must for the integrity of arbitration proceedings. Both parties should have equal opportunities to present evidence and arguments. All communications and procedures should be transparent during arbitration as well. Finally, arbitrators and businesses alike should avoid unnecessary delays and do their best to ensure the process moves forward efficiently.
Arbitration over litigation
Fairness and neutrality in arbitration are not just procedural concerns. They’re central to achieving a fair and timely resolution. By following key collaborative strategies, businesses can foster a fair arbitration process that respects the rights of all involved parties. In doing so, they enhance the credibility and effectiveness of arbitration as a viable alternative to litigation.
