In its purest form, every selection of an arbitrator is all about the strategic circumstances of the parties. Each side, regardless of the arbitration dispute type (whether commercial, construction, labor, employment, etc.) finds itself considering how it wants to perceive the case tactically. At the outset at least, both expect to win and yet, the side that does not prevail still embraces the appropriate expectation of doing so with grace and honor. Thus, arbitrator selection should be of primary concern, even to achieve the minimally expected value of the outcome.

Wisdom of the neutral aside, clearly not all employment arbitrators are alike. Exactly how arbitrators manage the process, decide cases, and bill for their time varies significantly. Their background and training should influence your decision making.

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