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THE ARBITRATOR
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Arbitrators
judge disputes between two parties and based on all the evidence presented
renders a final and binding decision. This course is designed to
give the applicant an opportunity to develop skills required to resolve
issues using an "Alternative Dispute Resolution" system
and apply these skills in a courtroom setting within the community.
Applicants
are not required to have a legal or law background to be appointed or
commissioned as an Arbitrator. Paralegals, legal assistants,
administrative and human resources personnel, employees and employers will
benefit from this course offering.
Virtually
every dispute between two parties that may be litigated in a court of law
may be mediated or arbitrated. Civil cases involving business, insurance,
environment, family, securities, technology and international trade are
common. Labor contracts or agreements between the employer and employee
usually contain provisions requiring Arbitration and Mediation of all
claims.
ALTERNATIVE
DISPUTE RESOLUTION
Three types of Arbitrators emerge:
1. Arbitrators selected by the claimant and respondent to resolve
civil disputes
are not required to have a law or legal background.
2. Arbitrators who resolve disputes, which involve other countries,
require law background.
3. Arbitrators appointed by courts, to resolve civil cases,
require law background.
Businesses
throughout the United States have discovered five indisputable theories of
success with ADR:
1. The ADR
process is more supportive and less costly than traditional methods of
resolving disputes.
2. During
Mediation, the parties join the Mediator to review the cause and affect
of an action taken to find meaningful long-term resolution.
3. Unlike
courtroom litigation, the Mediation process allows each party to
consider offering something to the other party, as opposed to taking
something from the other party.
4. A dispute
not resolved through Mediation will move forward to Arbitration.
5. A dispute
or claim is not viewed as a breakdown of business relationships.
Mediation and Arbitration of a dispute is not an adversarial
process. A dispute resolved by an Alternative Dispute Resolution
process insures business success.
The
parties of a dispute overwhelmingly prefer the ADR process to courtroom
solutions due to the high cost, timeliness and in many cases the
unpredictability of the final resolution.
Employers
ordinarily pay the cost for an employee to become an Arbitrator or hire an
Arbitrator and assign him/her to the administration or human resources
section with collateral duties until such time they are needed to resolve
a claim. Arbitrators need not be gainfully employed by a business to
resolve a civil dispute between the employee and employer. The parties to
a dispute may sign an agreement to engage any Arbitrator to listen to their
case and render a final and binding decision.
HOW
TO BECOME AN ARBITRATOR
1. Send a
check or money order for $280.00.
2. Upon
completion of the course, you will review the case file included with
the study-guide and render a final decision.
3. Mail the
case file and the Arbitrator’s final decision report form along with
your request to take the final examination.
4. The final test questions
will be taken from the questions found in the study-guide. You must
choose and submit the name and address of a neutral third person to
administer the closed book examination. (This person may not be a
relative)
5. Upon
completion of the examination, the examination will be mailed back to
our address and graded.
6. Upon
passing the examination, you will receive a Commission as a California
State Arbitrator.
7. You may be
invited to join the Mediation-Arbitration register of associate members
(no fee required).
Many
state and federal courts are involved with mandatory and voluntary ADR programs
that routinely divert cases to Arbitration, which can
be settled without the need for litigation.
Today,
ADR methods have achieved broad acceptance by America’s business, real
estate, labor-management, and legal arenas.
QUALIFICATIONS
Every applicant shall be of high moral character.
The term “high moral character” includes elevated qualities of
integrity, honesty, fairness, candor and trustworthiness.
Every applicant shall abide by the Canons of Judicial Conduct and
judicial performance set forth.

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