Arbitrator Selection

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  • Topic: Arbitration, Negotiation, Selection
  • Pages : 2 (379 words )
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  • Published : May 18, 2013
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Running Head: ARBITRATOR SELECTION

ARBITRATOR SELECTION
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The negotiation that exists between an employer and a group of employee is called collective bargaining. This relationship should be maintained properly in every organization. The process utilized in the selection of an arbitrator

Arbitration is an Alternative Dispute Resolution (ADR) Process that parties decide to use to solve their case instead of following the judicial process which consumes a lot of time and money. An arbitrator is a mutual party that is brought to solve a dispute that exists between two parties (Cornell University, n.d). The advantage that comes with using an arbitrator is that the parties can chose a person with expertise in the area of their conflict. When selecting an arbitrator, the parties have to come together to decide how many they will select. Depending on the size of the cases the arbitrator will be selected to head the case. Once the parties are prepared to appoint the arbitrator, they will attempt to agree upon the individual who will head the case (US LEGAL, 2010). The party-appointed method is a selection process where the two parties select their arbitrator and the two selected persons choose the chairperson who will head the entire process. How the selected arbitrator interprets ambiguous provisions

The selected arbitrator interprets the ambiguous contract by being impartial to either side of the involved parties. This is called presumed neutrality and the arbitrators should pass their judgment on the basis of facts and not favors inclined to one side. An ambiguous contract occurs when the intent of the two parties involved is having more than one interpretation (Riccucci, N. M. (2011). The selected arbitrators should hence give a benefit of doubt to the party that did not draft the contract. The case should also be explained by the admission of parol evidence....
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