What is a Neutral Arbiter?
A Neutral Arbiter pro-actively leads the Just Resolve process, conducting the investigation and ultimately issuing a decision. This Resolve process is described in detail here. He, she, or they (depending on required expertise) do this by following the intuitively simple and flexible rules and steps of a Resolve. This differs from our adversarial judicial system in which opposing lawyers drive all processes, leaving neutral judges in essentially reactive roles like referees. Consequently, in a Resolve, parties need not retain separate counsel and, because the Arbiter controls what and how information is collected and used, opportunities for formal advocacy are extremely limited. Moreover, if it appears during a Resolve that one party may enjoy some advantage due to, for example, the involvement of legal counsel, the Arbiter has an explicit duty to preserve the level playing field against any undue influence. The Neutral Arbiter is compensated on a fixed fee basis and is chosen with the consent of the parties.
Who are our Arbiters?
Arbiters include retired jurists, experienced arbitrators and mediators, relevant subject matter experts, and respected business peers. The nature of the dispute and the parties’ preferences determine whether expertise in the law is called for, or expertise in a particular business or industry area, or both. Our Arbiters are hands-on, pro-active, high-integrity professionals who enjoy leadership roles and take most seriously the high duty to act with absolute fairness, intelligent competence, and practical common sense.