Jeffrey P. Aiken serves on the American Arbitration Association’s roster of mediators and arbitrators for commercial, construction and large, complex cases. A senior attorney at the Milwaukee office of Whyte Hirschboeck Dudek S.C., he has been involved with arbitration matters as a neutral or party representative for over 30 years.
One should never select an arbitrator out of the air. This article discusses the necessity for due diligence in arbitrator selection and how to go about it.
Trial lawyers have helped create a cottage industry of jury consultants who, for considerable fees, assist them in identifying jurors who have either an inherent bias1 against certain matters or a leaning in favor of others. “Voir dire” is the name of the process of questioning prospective jurors to determine if they should be disqualified either for bias or for another reason using one of counsel’s peremptory challenges.2 The objective of voir dire is to select jurors who are most inclined to find in favor of one’s client and eliminate those who are predisposed to finding against the client.