Picking the wrong arbitrator can cost you thousands in legal fees and months in delays. Your arbitrator's background, training, and track record directly affect the fairness, speed, and enforceability of your case outcome. This guide walks you through the specific credentials and qualifications that separate competent arbitrators from mediocre ones.
Formal Arbitration Training and Certification
The baseline credential is formal arbitration training. Look for arbitrators who've completed recognized arbitration programs—typically 40+ hours of instruction covering procedural rules, evidence handling, conflict of interest management, and decision-writing. The American Arbitration Association (AAA) and JAMS (Judicial Arbitration and Mediation Services) both require their panel arbitrators to complete such programs.
Certification adds another layer. Some arbitrators hold credentials from the National Association for Community Mediation (NACM), the International Institute for Conflict Prevention and Resolution (CPR), or state bar associations. While not all states require arbitrator licensing, certification signals someone has met independent standards and committed to ongoing education.
Ask directly: "What arbitration training have you completed, and from which organization?" A qualified arbitrator will cite specific programs and dates without hesitation.
Subject Matter Expertise
An arbitrator handling a commercial contract dispute should have actual experience in commercial law or business. An arbitrator for construction disputes should understand building codes, contractor liability, and project management. Generic legal knowledge isn't enough.
Request their background explicitly. For securities cases, look for arbitrators with 10+ years in securities law or financial services. For employment disputes, prioritize those with HR law or employment litigation backgrounds. If an arbitrator's resume shows only family law experience and you're arbitrating an IP theft case, move on.
The practical check: can they explain your case's core issues back to you in accurate terms without asking basic questions?
Industry Affiliation and Roster Status
Arbitrators on major provider rosters—AAA, JAMS, FINRA, or industry-specific bodies—have undergone vetting. These organizations conduct background checks, verify credentials, and enforce ethical standards. A roster arbitrator also carries professional liability insurance and must comply with disclosure rules.
Check their status on the AAA, JAMS, or relevant industry registry. If they're not on any major roster, ask why. Self-designated arbitrators without institutional backing carry higher risk of bias or incompetence.
Experience Count and Case Types
Numbers matter. An arbitrator with 50+ decided cases brings tested judgment and speed. Someone with fewer than 10 cases is still developing their process. Look at their case types too—if 80% of their experience is in contract disputes but you're in an employment case, they may lack specific context.
Ask for statistics: How many cases have they arbitrated? What's the average case duration? What types of disputes? Have they worked in your industry? A seasoned arbitrator typically handles 5–15 cases per year and can cite detailed metrics.
Ethical Clearance and Disclosure History
Arbitrators must disclose conflicts of interest—financial ties, relationships with parties, prior representation, or bias. Request their full disclosure statement in writing before engagement.
Red flags include:
- Undisclosed prior work with one party's counsel
- Ongoing business relationships with involved companies
- Vague or incomplete conflict answers
- Reluctance to provide written disclosure
Most qualified arbitrators have zero conflicts in most cases, but full transparency is non-negotiable.
Education and Bar Status
A law degree from an ABA-accredited school and active bar membership strengthen credentials, though not all arbitrators must be lawyers (some technical disputes use engineering or accounting arbitrators). If they're a lawyer, verify they maintain good standing on their state bar—check your state bar's website.
For non-lawyer arbitrators in technical fields, look for advanced degrees (Master's or PhD) and professional certifications relevant to the dispute type (PE license, CPA certification, etc.).
Reputation and References
Ask for references from past parties or counsel. How quickly did the arbitrator issue awards? Were they impartial? Did they understand the facts? Call at least two references. Read any published arbitration decisions (public records in some states) to assess reasoning quality.
Services like Mercoly help you compare and review arbitrator credentials and past performance in one place, saving time on background checks.
Frequently Asked Questions
Q: Does an arbitrator need to be a lawyer? A: Not always—technical disputes sometimes use subject-matter experts instead—but a legal background (JD + bar membership) is standard for commercial and civil arbitration and signals credibility.
Q: How much experience is "enough" for an arbitrator? A: At minimum, 20+ decided cases in your dispute type; ideally 50+ total cases and 10+ years active practice.
Q: Can I reject an arbitrator if they have a minor conflict of interest? A: Yes—both parties typically can challenge an arbitrator for cause (including conflicts), though minor, fully disclosed ties may not disqualify them depending on your arbitration rules.
Start your search by checking the AAA or JAMS roster and requesting full credentials before scheduling an intake call.