February ADR Tip of the Month
These practice tips are drawn from the MSBA ADR Section's February 9, 2016, CLE: "How to Become an Effective Arbitrator and Write Bullet-Proof Awards," by Lynn Noland, Senior Supervisory Attorney, American Family Insurance; Krista Peach, American Arbitration Director of Operations Minneapolis; and Maureen Slater, Better Business Bureau, Community Mediation Center Manager.
American Arbitration Association
- In 2015, MN AAA arbitrators conducted 91 business contract arbitrations, 37 consumer and employment arbitrations, 4 labor union/management arbitrations, and 7,010 MN No-Fault Insurance arbitrations. Each type of arbitration has its own panel of arbitrators with unique qualification criteria.
- To learn more about becoming an AAA arbitrator (or mediator), click here.
Better Business Bureau
- BBB uses volunteer arbitrators for post-dispute binding arbitration, pre-dispute binding arbitration (contract clause), conditionally binding arbitration for its Autoline Lemon Law arbitrations. BBB pays a $100 stipend to arbitrators for the Autoline arbitrations.
- To learn more about becoming a BBB arbitrator (or mediator), send email to maureen.slater@thefirstbbb.org
Bullet-proof your Arbitration Award
- Make sure the parties agree on the "ground rules" for the arbitration
- Over-disclose (disclose any conflict or potential conflict that would give the appearance of possible bias)
- Avoid ex parte communications / contact with the parties and attorneys
- Issue a timely award
- Conduct the hearing in a fair, neutral, and professional manner
Compiled by Linda Mealey-Lohmann, Past Chair MSBA ADR Section