Placement of Arbitrator Fee Rates on Resume - What are your thoughts?

| 7 Comments

resume date.jpg

Does it matter where the arbitrator's compensation rate and cancellation fee are placed on her/his resume? Should said rate and fee be listed as the first resume item (i.e., first page at the top)?

Please provide your thoughts/comments below.

7 Comments

The rates should be at the end of the resume. Cancellation fees should be discouraged unless the cancellation is made shortly before the scheduled hearing date.

I don't believe that the rate and cancellation fee charged by the arbitrator should be shown on the resume and much less on the "first page on top". The arbitrator's fee is an honorarium and I have not yet heard of a client appointing or declining to appoint an arbitrator because of his/her fees. The fees charged by the arbitrator have a negligible impact when compared to the amounts in dispute or the overall cost of the proceeding. The prospective clients should have ready access to the arbitrator's resume in order to access his or her experience, suitability and capability to deal with the issues in dispute. Once the client's choice is made and if the client inquires about the fees, especially when presented with several individuals to consider, then at that point and at the request of the client, the fees and other provisions such as cancellation fees should be made available. FInally, in my twenty eight years of practice as arbitrator, I recall that the question about my fees was the last question and it almost always came in this fashion: would you please send us your fee schedule. Most of the time, the question was asked after the client or attorney informed me of his/her intent to appoint me.

That placement would elevate the importance of the cost of the arbitrator above his/her qualifications. That would be wrongheaded and could lead to choices made primarily for economic reasons which, in turn, may influence the rate arbitrators set for their compensation. I believe it would be preferable for parties and counsel to first evaluate the background and experience of potential choices and then factor in the cost as a secondary consideration.

I don't believe that the rate and cancellation fee charged by the arbitrator should be shown on the resume and much less on the "first page on top". The arbitrator's fee is an honorarium and I have not yet heard of a client appointing or declining to appoint an arbitrator because of his/her fees. The fees charged by the arbitrator have a negligible impact when compared to the amounts in dispute or the overall cost of the proceeding. The prospective clients should have ready access to the arbitrator's resume in order to access his or her experience, suitability and capability to deal with the issues in dispute. Once the client's choice is made and if the client inquires about the fees, especially when presented with several individuals to consider, then at that point and at the request of the client, the fees and other provisions such as cancellation fees should be made available. FInally, in my twenty eight years of practice as arbitrator, I recall that the question about my fees was the last question and it almost always came in this fashion: would you please send us your fee schedule. Most of the time, the question was asked after the client or attorney informed me of his/her intent to appoint me.

I think the inclusion of arbitrator rates is important to permit the parties and counsel to make as informed a decision as possible about arbitrator selection.

As a AAA and CPR arbitrator and mediator, my rates are part of my AAA and CPR profiles available to those considering me for their case. Persons considering me should know my rates and terms before deciding whether or not to engage me as their arbitrator or mediator; no surprises.

Arbitrator rates are a valid consideration in the resolution process and should be disclosed. The prominence and placement of the disclosure of an arbitrator's fee should not be the first item at the top of the page. Qualification and experience should be the prominent factors listed first.

Leave a comment

About this Entry

This page contains a single entry by Jeffrey Zaino published on May 7, 2022 4:27 PM.

Length of Award - What are your thoughts? was the previous entry in this blog.

Advocate Criticizing an Arbitrator During a Pending Case - What are your thoughts? is the next entry in this blog.

Find recent content on the main index or look in the archives to find all content.

Categories

Monthly Archives

Pages

Powered by Movable Type 5.11