The ability to control the process in a manner that fosters professional respect among all involved, to communicate effectively and to empower others to do so is crucial in family arbitration. More so even in parenting coordination.
As important as it is to know and correctly apply the law, having effective communication and procedural skills is as, if not more, important. Arbitration is a process that begins with the first client meeting. Especially in mediation-arbitration (which is the process used by most family arbitrators), professionals should have excellent human relations and communication skills, as they are building a long-term relationship of trust and respect with their clients.
Here are some of the tips we cover in our 40-hour Arbitration Theory, Law and Practice course for parenting coordinators and family arbitrators:
a. Ability to maintain an appropriate relationship between the parties
- act with courtesy, respect and patience
- demonstrate empathy for the issues
- do not pre-judge the parties or the issues
- be modest in demeanour
- devote appropriate care and attention to the parties and
b. Ability to remain impartial and independent
- ensure both parties receive all documents
- except for intake and screening purposes, do not send unilateral correspondence
- disclose any real or perceived conflicts of interest
- disclose facts that could give rise to doubts about impartiality
- allow both parties equal opportunity to correspond with the arbitrator
- remain detached but friendly and approachable
- avoid conduct that may reflect bias
- avoid language or behaviour that suggests coercion
- avoid interrogation of witnesses
- demonstrate warmth and caring while controlling emotions
- do not discuss anything related to the case with any party to the exclusion of other parties, except for intake and screening purposes
- demonstrate an understanding of the rules of natural justice in words and
c. Ability to maintain legitimacy
- maintain a professional personal appearance
- be punctual
- maintain consistent behaviour
- identify limits of personal expertise
- remain discreet and diligent
- keep all information confidential
- act with self-confidence and authority
- command respect for the office of arbitrator
d. Ability to listen actively
- remain visibly alert at all times (utilizing verbal and body language, eye contact)
- intervene selectively to obtain clarification or maintain order
- do not interrupt except where necessary to maintain order/avoid prejudice or
e. Ability to speak effectively
- use clear diction, plain language and consistent body language
- ask succinct questions when necessary
- be direct but not intimidating
- adopt a moderate volume and pace of speaking
- use an unemotional tone of voice
- utilize terminology that is known to parties/counsel
- avoid distracting body movements or facial expressions
f. Ability to maintain a conducive atmosphere during the hearing
- use and encourage the use of civil language
- leave room for humor if appropriate and without alienating a party
- demonstrate an understanding of the evidence and submissions
- put parties, counsel and witnesses at ease
- discourage an excessively adversarial environment
