The most fundamental attribute of an arbitrator should be her ability to assess evidence and make decisions free from pre-conceived notions or biases—in other words, her neutrality. Neutrality is often presumed to be something arbitrators inherently possess, by dint of experience and intelligence. However, we now know that impartiality is not accrued passively through legal and judicial experience, but a specific skill that can and should be honed through practice and reflection.
As a neutral, how do you develop and maintain this skill? Do regular exercises for enhancing impartiality constitute a part of your ethical duty as a neutral?
As an advocate, how do you assess the neutrality of a potential arbitrator and make a selection? Is it your ethical obligation to seek out an arbitrator dedicated to enhancing their neutrality? Or might such a selection conflict with your ethical obligation to zealously represent the client?
Through careful exploration of this rugged ethical terrain, this session will argue that a neutral with an active strategy for enhancing neutrality is not only the ideal arbitrator for pursuing a just award, but also the arbitrator that is in your best interest to select as an advocate.
Upon completion of this session, participants will be able to:
- Develop an understanding of the ethical obligations of arbitration neutrals and advocates, and their pragmatic application.
- Identify personal experiences and habits of the mind that give rise to pre-judgments and affect impartiality.
- Understand methods for evaluating neutrals.