Methods to Make Typical Arbitration Procedures More Effective (Essay Sample)

Employee and Labor Relations
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1 Typical Arbitration
Arbitration can basically mean, a process of solving dispute judiciary involving a third party. It’s a form of final and binding dispute resolution (Rosenberg, 1983). It involves use of individual tribunal hearing which consist of any number of arbitrators. The odd number is preferred by most legal systems as it avoids ties (Nicolene, 2017). It is necessary as it is used to obtain a fair resolution of solved disputes by a third party without unnecessarily delay and expense (Rosenberg, 1983). Typical arbitration deal with a complaint of a specific item in collective litigation.
2 Methods to Make Typical Arbitration Procedures More Effective
Procedural rules
The choice of appropriate arbitration rule is a vital compliment to make typical arbitration procedures more effective. Consideration should be given as to whether, in light of applicable rules or otherwise, any amendment should be made to the selected rules (Barry, 2017). Consideration might also be taken to provide for the application of the IBA Rules on the Taking of Evidence in the International Commercial Arbitration (Nicolene, 2017).
A Unique Opening Statement
Use of a unique opening statement is an essential part of an effective arbitration procedure. The presentation of a really unique opening statements shows that you understand the relevant facts and issues in the case (Latham, Watkin, 2014). It explains to the arbitrator which point is important and why it is important. This eases note making and the way you follow evidence especially when the lawyer is leading to certain judgmental conclusions. It also creates an opportunity to allow the other party to admit particular facts as stipulated by you (Nivolene, 2017). A fair and reasonable opening statement is usually a roadmap for the arbitrator to understand and solve the dispute more effectively (Barry, 2017).
A Cross Examination of an Arrogant Witness
A well knowledgeable and skilled cross examiner can easily identify and expose a liar. Cross examination is very important and one of the best method used to find out when someone is telling the truth or not because it is quite difficult to identify and tell a consistent lie (Rosenberg, 1983). The most effective cross examinations are when the lawyer shows that the witness has lost all his/her credibility as they have been blinded by the world view of information (Rosenberg, 1983). The lawyer is also able to point out the entire inconsistencies of the witnesses’ story.
Maintaining Realistic Schedule
Setting up a realistic schedule for the entire arbitration as early as possible and sticking to the schedule, are important to controlled and predictable proceedings (Barry, 2017). Both parties are able to make appropriate financial plans and foresee in advance the dates of the awards (Latham, 2014). Arbitral tribunal has a responsibility of creating and establishing a realistic schedule.
Advantages
The following are importance of employing appropriate typical arbitration procedures: standards of fairness can be used to craft evidence very easily (Watkin, 2014). There is also increased satisfaction and compliance with settlement when parties have directly in crafting agreement (Nicolene, 2017). Good opening statements enhances communication between parties thereby preserving good relationship between parties (Barry, 2017).
Disadvantages
The above recommended methods have little short coming, such as: Parties are unable to come up with legal precedents. Organizations may also have limited bargaining power (Rosenberg,1983). Insufficient check on power imbalances between the parties is a great risk and finally, disclosure of information and truthfulness of commun...