Gavin Howe
Arbitration is a form of alternative dispute resolution (ADR) where an expert arbitrator settles a dispute between two or more parties. While many arbitrators are lawyers or retired judges, it is not necessary to have a law degree to become an arbitrator. The requirements to become an arbitrator vary across different states and organizations, with some requiring a bachelor's degree, a law degree, or a master's in business administration. Arbitrators are expected to have expertise in the field of the dispute and are required to maintain neutrality and make fair decisions.
| Characteristics | Values |
|---|---|
| Education | A bachelor's degree is the minimum requirement, but some states or companies may require a law degree, master's in business administration, or another advanced degree. |
| Experience | Most arbitrators have experience in law, business, or another field related to the disputes they will handle. The amount of experience required varies, with some sources stating a minimum of three years and others stating five to fifteen years. |
| Training | Formal training in arbitration is required, and some states mandate 20 to 40 hours of training for certain types of cases. |
| Licensing | Licensing requirements vary by state. Some states require arbitrators to be licensed lawyers, while others may not have specific requirements. |
| Certification | While there is no specific certification for arbitrators, they may obtain certification in their original profession, such as law or another field. |
| Skills | Arbitrators need excellent decision-making and communication skills. They must be able to remain neutral, ethical, and unbiased during the dispute resolution process. They should also have strong writing abilities and project authority and gravitas. Arbitrators can gain relevant skills through extracurricular activities and leadership positions. |
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What You'll Learn
Arbitrator requirements vary by state
While anyone can become an arbitrator, there are specific requirements and steps that vary across different states in the US. Aspiring arbitrators must become licensed lawyers after completing law school, which involves passing several exams. However, this depends on the state, as some may not require a law degree. For instance, a bachelor's degree may be sufficient for some arbitration careers, while certain companies or government agencies might mandate a law degree, a master's in business administration, or another advanced degree.
The Federal Mediation and Conciliation Service (FMCS) requires submitting five prior arbitration decisions and five references if you've completed their 40-hour training course. Additionally, some states require arbitrators to complete 20 to 40 hours of training to become certified for specific cases. Organizations like the American Arbitration Association (AAA) also require experience in arbitration and dispute resolution, along with three letters of recommendation.
Arbitrators typically have backgrounds in law, business, engineering, scientific research, construction, or healthcare. They must possess excellent listening, questioning, and writing skills to gather information, make decisions, and craft concise rulings. Strong ethics and the ability to remain unbiased and neutral during hearings are also crucial.
The demand for arbitrators is expected to grow due to their role in providing quicker and more affordable dispute resolution methods than traditional trials and litigation. Furthermore, many contracts, such as those for employment and real estate, include clauses mandating mediation or arbitration to resolve disputes. However, public sector employment of arbitrators can be influenced by state and local government budgets, as alternative dispute resolution in government depends on available funds.
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Arbitrators can have a non-legal background
Arbitrators are legal professionals who help two or more people resolve a dispute outside of a judiciary court by holding private, confidential meetings. While many arbitrators are lawyers, judges, or business executives, others come from a wide variety of educational and professional backgrounds, including engineering, scientific research, construction, healthcare, insurance, finance, and accounting.
The specific requirements to become an arbitrator vary by state, so it is beneficial to research the requirements of your state. However, in general, arbitrators are required to have a combination of education and experience in their field. While a law degree is not always necessary, most states require arbitrators to have at least a bachelor's degree in a field related to the subject matter of potential disputes, such as business, political science, social work, public policy, or dispute resolution. Some states may require a graduate degree in a field directly relevant to arbitration, such as conflict resolution or dispute resolution. Additionally, some states require arbitrators to have experience working as attorneys, while others may only require a bachelor's degree.
To gain the necessary skills to become a successful arbitrator, it is beneficial to participate in extracurricular activities, such as leadership positions or debate clubs, and to seek opportunities for practical experience in alternative dispute resolution (ADR). This can be done through internships, entry-level jobs under the supervision of an experienced arbitrator, or training programs, workshops, or seminars offered by organizations such as the American Arbitration Association (AAA) or state bar associations.
While a legal background is not always required, it can provide a solid foundation in understanding laws, procedures, and legal principles applicable to arbitration cases, and it can contribute to an arbitrator's credibility and knowledge. Ultimately, the most important qualities of an arbitrator are their ability to remain neutral, make fair decisions based on the evidence presented, and effectively manage the dispute resolution process.
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A bachelor's degree is the minimum requirement
A bachelor's degree is the minimum educational requirement to become an arbitrator. This can be in law, political science, or a similar field. While a law degree is not mandatory, it can provide a solid foundation in the laws, procedures, and legal principles applicable to arbitration cases. It can also contribute to your credibility and knowledge as an arbitrator.
In addition to a bachelor's degree, arbitrators typically need a combination of education and experience in a relevant field. This could include internships, entry-level positions, or other professional experience. Some states may require arbitrators to have experience working as attorneys, while others may only require a bachelor's degree. Therefore, it is important to research the specific requirements of your state.
Arbitrators are expected to have expertise in the field of the dispute. This could include fields such as business, engineering, construction, finance, insurance, or healthcare. Gaining experience in dispute resolution, negotiation, or relevant industries can enhance an arbitrator's qualifications.
While a bachelor's degree is the minimum requirement, some arbitrators choose to earn a graduate degree, such as a master's in conflict resolution or dispute resolution, to improve their job prospects and earning opportunities. Additionally, arbitrators can enhance their skills and stay current in the field by participating in continuing education programs, conferences, and workshops on arbitration law, rules, and practices.
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Arbitrators must be trained and certified
Arbitrators are legal professionals who help two or more people resolve a dispute outside of a judiciary court. They are experts in the subject of the dispute and have received formal training in arbitration. While many arbitrators are lawyers, judges, or business executives, others come from a variety of educational and professional backgrounds, including engineering, scientific research, construction, and healthcare.
Although there are no specific educational requirements to become an arbitrator, most arbitrators have at least a bachelor's degree in a field related to the subject matter of potential disputes, such as business, law, political science, or a similar field. Some companies or government agencies may require arbitrators to have a law degree, a master's in business administration, or another advanced degree. Additionally, arbitrators typically need to have experience in their field, with most sources citing a minimum of three to five years of experience required to enter the field, and some organizations requiring ten or more years of experience.
To gain the necessary skills to become a successful arbitrator, individuals can participate in extracurricular activities such as leadership positions or debate clubs, and gain practical experience in alternative dispute resolution (ADR) through mediation or arbitration training programs, workshops, or seminars offered by organizations like the American Arbitration Association (AAA) and the ADR Institute of the United States (ADRI-US).
While there is no specific certification available for arbitrators, they may be required to obtain certification or licensing in their original profession. For example, arbitrators who are also practicing lawyers must be admitted to the bar of their state. Additionally, some states require arbitrators to complete 20 to 40 hours of training to become certified to work on certain types of cases.
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Arbitrators need a range of soft skills
While a law degree is a common path to becoming an arbitrator, it is not the only route. The educational requirements to become an arbitrator vary across states and organisations. A bachelor's degree is the minimum education requirement in most cases, and some states require an advanced degree. While some arbitrators have law degrees, others have degrees in business, English, history, political science, public policy, or social work.
Regardless of their educational background, arbitrators need a range of soft skills to effectively handle disputes. These include:
- Communication skills: Arbitrators must be able to explain laws and legal issues clearly and listen closely to the parties involved. They should also have excellent writing skills to ensure that the final judgment is expressed clearly and without ambiguity.
- Critical reasoning and objectivity: Arbitrators must be able to gather and analyse relevant information, set aside their biases, and follow the procedure to determine a fair and just outcome.
- Decision-making skills: Arbitrators need to be able to make unbiased and fair decisions based on the evidence presented. They must also be able to balance the interests of expediency with respect for thoroughness, collaboration, and impartiality.
- Conflict resolution skills: Arbitrators should be process experts, meaning they can guide parties through the steps needed to resolve the conflict. They should seek to find common ground and meaningful concessions that are not painful to either party, transforming the conflict into a sustainable path forward.
- Diplomacy and respect: Arbitrators should be diplomatic, professional, and respectful in their dealings with the parties involved in the dispute.
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Frequently asked questions
Yes, you can be an arbitrator without a law degree. Arbitrators typically have a bachelor's degree in a field related to the subject matter of potential disputes, such as business, political science, or public policy. However, some states or organizations may require a law degree or an advanced degree, such as a Juris Doctor (JD) or Master of Business Administration (MBA).
The requirements to become an arbitrator vary by state. Most states require a bachelor's degree or higher, and some specifically require a law degree. Additionally, arbitrators typically need professional experience in their field, with some organizations requiring a minimum of 10 years of experience.
Arbitrators need excellent decision-making and communication skills. They must be able to gather information, question parties involved in disputes, and make fair and impartial decisions based on the evidence presented. Strong writing skills are also important for crafting clear and concise decision statements.
