Abritrator vs Lawyer?

Question

What is difference in training/schooling between an abritrator and a lawyer?
I know an lawyer has to take the bar exam-what does an abritrator have to take?

Answer 1

Dwasifar is confusing arbitration with mediation. They are completely different.

In mediation, the mediator is attempting to guide people to an agreement. The agreement is between the parties, and entirely up to them. Even if the parties agree to (or are ordered to) go to mediation, there is no requirement that they actually reach an agreement.

In arbitration, the arbiter (or arbitrator) is acting as a private informal judge. The arbiter hands down a decision, just like a judge does. The difference is that the parties must agree to use an arbiter, and cannot be compelled into private arbitration unless they have both consented to be bound by that decision.

Many professional arbiters are retired judges, and most are lawyers. However, arbiters are not required to be, especially where they are deciding issues not as a matter of law.

For example, contract disputes between construction contractors and home-owners often have a provision where disputes as to the quality or fitness of the home will be resolved by an arbiter who must be a licensed architect. There, the fitness of the home is a matter of building knowledge, not legal knowledge.

Because arbiters are chosen by the parties, their qualifications are set forth in whatever agreement the parties make. So, the parties may agree to use a professional arbitration service like JAMS or the American Arbitration Association (the other AAA), where almost all are lawyers. Court-sponsored arbitration (also called judicial arbitration) is always conducted before an attorney, usually a retired judge as the arbiter. However, some other private arbitration firms deal less with issues of law, and resolve things more on a 'what is fair' basis, so detailed knowledge of the law is not as important.

In the end, it's all about what the parties have agreed to, since arbitration is almost exclusively a matter of contractual choice.

Answer 2

Most arbitrators I'm aware of have legal training to begin with, so they've already taken the bar exam or received arbitration/dispute resolution training in law school. Basically, a lawyer gets the training and is an arbitrator. Some states require an exam, some states don't.

Answer 3

A check. :)

Often arbitrators ARE lawyers, but they don't have to be.

The problem with arbitration is that the arbitrator's incentive is to get the parties to AGREE, not necessarily to find a FAIR agreement. Therefore, with a careless or unprofessional arbitrator, the weaker or less educated party in the dispute may come out less satisfied than they might if they had a lawyer representing only their interests. (Of course, they are also likely to pay a much higher price for the lawyer than for the arbitrator.)

Answer 4

In the county I live in arbitrators are lawyers with special training in arbitration. They handle small civil cases to take some of the load of judges.

Answer 5

Its spelled as Arbitrator, and they are usually professional people from the same industry who try to find an amicable solution to a dispute rather than the parties going to court.

Answer 6

an arbitrator takes classes and is typically certified in arbitration.

Answer 7

Cash.