This is the final episode of the focus on the responsibilities of an arbitrator facing issues of delays, promptness, over-bearing fellow wingers, inactive fellow wingers, being individually responsible, + when to speak up + when to keep your powder dry.
Arbitration in the UK needs the Arbitration Act of 1996. It is essential as the bedrock of the system for the rules it lays down for the conduct of arbitrations. It is our Go-To reference, our Bible, our source of the do’s + don’t’s of arbitral practice. We need to know its contents, study its Sections and distinguish the mandatory provisions from the non-mandatory – or discretionary – provisions.
But arbitration needs something more + that has been the theme running through the previous seven Episodes. It needs You. But what kind of a person are you? I pose the question because the rhythms of arbitration are not popular with everyone. Some people, in their non- arbitral work – may be too assertive, too dominating and too abrasive which are not the qualities required in the Hearing Chamber. Some, at the other extreme, may be too quiet, too reticent, too timid – also not qualities required in the Hearing Chamber.
So we are talking about balance – the balance between listening + talking; between arguments for + against; between being an individual + a member of the team. The 1996 Act does not work if the Arbitrators are not up to the task. So, your skills, your standards, + your temperament make or break the process of arbitration. Much depends on you + your awareness of what is required to be a good arbitrator. Often these issues are not addressed in training with sufficient focus + vigour.
A Mediation narrative on Second Homes commences on 20 June and will be followed by an Arbitration narrative on Arbitrator’s fees – now that is a sensitive topic! Have a good weekend – Graham