SLP 4 Arbitration-Practicum

Introduction

Arbitration can be defined as a dispute resolution process, whereby the disputed parties seek for a solution to their problem from the arbitrator without going to court. Unlike in the latter, disputants have the freedom to choose an arbitrator. The arbitration case under consideration involves an accident that occurred at the intersection of Great Road and Wachu Street. It was a collision of a commercial vehicle and a private car. The front end of the former hit the latter on the left side, and both drivers claimed that they had seen the green light before proceeding to the cross. The disputants sought help from the arbitrator to reach an agreement. Therefore, this paper will evaluate salient attributes and weaknesses of the arbitrator based on the real case study.

The Most Salient Attributes Demonstrated by the Arbitrator

Communication Skills

Communication skills can be defined as an ability to communicate efficiently and effectively (Bishop & Reed, 2008). The arbitrator displayed effective communication skills in this case by being flexible, patient, understanding, and a good listener (Bishop & Reed, 2008). He gave both parties equal chances to represent their facts. The arbitrator ensured that there was no objection or interruptions between the disputants. Though the private car driver was very emotional, the arbitrator took time to listen to him and cool him down. The commercial vehicle driver was so much terrified, and it was very difficult for him to express himself, but the arbitrator gave him ample time to state his facts (Bishop & Reed, 2008). The arbitrator was flexible in the sense that he did not subject the disputants to unnecessary formalities.

Objectiveness

Objectiveness can be described as an ability to make decisions that are not influenced by prejudice or personal feelings, but that are unbiased and based on facts (Redfern, 2005). The arbitrator was very objective and impartial. In this case, the commercial vehicle driver turned out to be responsible for the accident because the green light that he claimed to have seen was not there. Though the arbitrator also relied on statements of eyewitnesses, he was very objective in establishing the truth and helping the disputants. He showed a lot of respect to both sides. At some point, the commercial vehicle driver claimed that he heard the driver behind alert him by honking and therefore decided it was time to cross. After hearing this from the commercial vehicle driver, the arbitrator was very keen in establishing if that was what made him cross the road as opposed to him seeing the green light.

Weaknesses of the Arbitrator That Negatively Affected the Outcomes of the Proceedings

Indiscreetness

Indiscreetness can be defined as an act of making something public that ought to remain private and confidential (Newman & Burrows, 2009). During the proceedings of this case, the arbitrator tried to seek witnesses without the consent of the disputants. When he presented witnesses’ information to the disputants, they disagreed and, therefore, it could not be used.

Incompetence

Incompetence can be defined as lacking the ability to do something in a successful and competent way (Delikat & Kleiner, 2013). It is always coupled with the lack of prudence and unfair judgment. In this case, the arbitrator seemed to have concluded when the commercial driver mentioned about the driver behind him. The arbitrator did not put into consideration that the driver was so scared about the act and might have had problem in presenting his facts. It was also evident that the arbitrator maintained a more close contact with the personal car driver than the commercial car one and at some point even leaned to listen to his whispers. It can be very detrimental to the other party that may consider the act as biased.

Conclusion

Since arbitration is a substitute for a court hearing, and no appeals are made, the arbitrator is supposed to be neutral and impartial to the case he/she is handling (Newman & Burrows, 2009). The one needs to be competent, discreet, and objective, possessing effective communication skills. Any shortcoming of the above qualities will negatively affect the outcomes of the case.

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