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What do you look for in a neutral?

ilrcr
Wed, 25 Feb 2015 19:06:07 GMT

Advocates have to work with neutrals on a regular basis, and we want to know how you choose your arbitrators and mediators. Tell us about the qualities you consider most important for a neutral to possess.

christinab
Fri, 13 Mar 2015 19:45:24 GMT

One of the key qualities identified by several established advocates is: • “…measured assertiveness/ability to control the process---meaning that the Arbitrator has the skill and ability to “control” the advocates and participants, even when emotions are running high.” • “Arbitrators who can control the hearing—controlling advocates, not being intimidated by “bully advocates” and making rulings about evidence during the hearing.” • “The neutral must exercise control over the process or proceeding, must demonstrate an open mind, must steer the parties as to relevance of submitted evidence.”

christinab
Mon, 16 Mar 2015 13:43:58 GMT

Neutrality and practicality are other important qualities cited by advocates. • “Track record of acting fairly, persuasively, and with vigor.” • “…well-established track record of neutrality – i.e., does not have a reputation of “leaning” one way or the other.” • “Practicality---meaning he/she can assess issues and manage the hearing process efficiently and fairly, including knowing when to try to facilitate settlement and when not to push settlement attempts on the parties.” • “Arbitrators who write well-reasoned decisions and consider both parties’ arguments and evidence; and are not dismissive or mean to the parties and their representatives in the decision. Also, understanding the ramifications of the decisions on the parties and their relationships. Split decisions should not be their modus operandi, nor should they believe that reinstatement with full back pay will cause the world to end.”