Choosing the right arbitrator can make or break your case—the person sitting in judgment needs both technical expertise and the temperament to handle your specific dispute fairly. Unlike judges, arbitrators are hired by the parties involved, which means you have real control over who decides your outcome. Ask the right questions during the selection interview, and you'll avoid costly missteps.
Verify Credentials and Arbitration Experience
Start by confirming the arbitrator's background in your dispute type. If you're dealing with commercial contract arbitration, ask how many years they've spent handling similar cases and whether they've arbitrated disputes in your industry (construction, technology, healthcare, etc.). Arbitrators with deep subject-matter knowledge resolve cases faster and make fewer errors that could lead to appeals.
Ask directly: "How many arbitration cases have you presided over in the last three years?" A solid answer should be 10+ cases annually for active arbitrators. Also request their American Arbitration Association (AAA) panel listing or equivalent credentials from JAMS, FINRA, or other relevant bodies. These memberships signal they've met baseline standards and carry professional liability insurance.
Understand Their Availability and Timeline
Arbitration speed is often why parties choose it over litigation, but it depends on your arbitrator's schedule. Ask when they can start the case and how much time they typically allocate per hearing. Some arbitrators move cases quickly (3–6 months from start to award), while others juggle multiple cases and stretch timelines to 12+ months.
Request specifics: "What is your current caseload, and when could you realistically conduct the first hearing?" Also ask about their preferred hearing structure—do they hold consecutive days, multiple sessions spread over weeks, or hybrid formats? This affects your legal costs and expert witness availability.
Ask About Their Decision-Making Process
Understanding how an arbitrator reasons through disputes helps you prepare more effectively. Ask whether they prefer written briefs, oral arguments, or both. Some arbitrators are strict constructivists who follow contract language to the letter; others apply industry standards and good-faith principles more liberally. Your case strategy should match their philosophy.
Pose this: "Walk me through how you analyze damages claims in commercial disputes" or "How do you weigh expert testimony against documentary evidence?" Their response reveals whether they're methodical and transparent or vague and opaque. You want transparency—it reduces the risk of surprises in the final award.
Evaluate Neutrality and Potential Conflicts
This is non-negotiable. Ask the arbitrator directly about any prior relationships with counsel, parties, or industries involved in your case. Many arbitrators maintain disclosure statements; request one. If they've worked for a law firm representing one party or hold stock in a company involved, that's a red flag.
Also ask: "Have you ever worked with [opposing party's counsel or company name]?" and "Do you have any financial interests in the outcome?" Arbitrators are legally required to disclose conflicts, but proactive questioning shows you're serious about fairness and may prompt fuller disclosure.
Ask About Fee Structure and Cost Predictability
Arbitrator fees typically range from $300–$800 per hour depending on experience and location, with administrative fees on top. Both parties usually split costs, but this varies by agreement. Ask for a written fee schedule upfront and clarify what's included: preparation time, hearing time, deliberation, and award drafting.
Request an estimate: "What would you expect this case to cost in total arbitrator fees?" A vague answer suggests they haven't thought through the case scope. Also ask whether they charge for time reviewing written submissions before the hearing—this can add $5,000–$15,000 to your bill if not negotiated clearly.
Red Flags to Watch For
Skip arbitrators who won't provide references, refuse disclosure forms, or seem dismissive of your questions. If they rush through the interview or express strong opinions about your dispute type before hearing facts, they lack the temperament arbitration demands.
Platforms like Mercoly help you compare and evaluate arbitration providers side-by-side, so you can review credentials, fees, and availability before scheduling interviews.
Frequently Asked Questions
Q: Can I challenge an arbitrator's decision if they seem biased? Yes, but grounds are narrow—you typically need to prove the arbitrator failed to disclose a material conflict or engaged in misconduct. Prevention through thorough vetting is far easier than challenging an award after it's rendered.
Q: What's the difference between an arbitrator and a mediator? An arbitrator hears evidence and makes a binding decision; a mediator facilitates negotiation without deciding outcomes. Some disputes use both—mediation first, then arbitration if settlement fails.
Q: How long does the arbitration process typically take? Simple commercial disputes often resolve in 3–6 months; complex cases with multiple hearings and expert witnesses may take 12–18 months, depending on the arbitrator's availability and case complexity.
Use these questions to find an arbitrator who matches your case needs and risk tolerance.