The author is a commercial arbitrator, mediator, and commercial litigator at the firm Miller Shakman & Beem LLP. He serves on the AAA panel of neutrals. His e-mail address is firstname.lastname@example.org.
This article is adapted from “Cour age: An Arbitrator’s Thoughts on Making Decisions,” published in the Chicago Daily Law Bulletin. The opinions stated are those of the author and shall not be attributed to any entity or other person.
Weighing on every competent arbitrator is the responsibility to accurately assess the evidence, deliberate, and then correctly decide the issues submitted for arbitration. Moreover, because the grounds to “appeal” (i.e., vacate or set aside) an award are more limited in arbitration than in litigation, the arbitrator’s responsibility is heavier than that of a civil court trial judge. The arbitration system is designed to give the parties one bite of the apple, no more.