Arbitration - Conflict of Interest

[sbrown93]

What is the name of your state? Missouri.

I am in the middle of a dispute with a former employer that appears to headed towards arbitration. My contract calls for us to agree upon an arbitrator and if we can't, then the arbitrators chosen by each side must agree upon an arbitratior.

We chose an arbitrator who has arbitration experience, is a member of several arbitration associtions, is an attorney with experience in employment law, had not previous dealings with me, etc.

They chose an attorney who has no arbitration experience, no employment law experience, has had numerous previous dealings with them and is also apersonal friend of the company's owner. Clearly a conflcit of interest. What can I do to get this guy disqualified? Any suggestions on how to best handle this? Thanks.

 

[HomeGuru]

What is the name of your state? Missouri.

I am in the middle of a dispute with a former employer that appears to headed towards arbitration. My contract calls for us to agree upon an arbitrator and if we can't, then the arbitrators chosen by each side must agree upon an arbitratior.

We chose an arbitrator who has arbitration experience, is a member of several arbitration associtions, is an attorney with experience in employment law, had not previous dealings with me, etc.

They chose an attorney who has no arbitration experience, no employment law experience, has had numerous previous dealings with them and is also apersonal friend of the company's owner. Clearly a conflcit of interest. What can I do to get this guy disqualified? Any suggestions on how to best handle this? Thanks.

**A: are you dealing with the AAA?

 

[sbrown93]

Home Guru, at this point we are only dealing with the AAA indirectly in that I believe that our arbitrator is a member. Any thoughts?

 

[HomeGuru]

Home Guru, at this point we are only dealing with the AAA indirectly in that I believe that our arbitrator is a member. Any thoughts?

**A: yes, please go to the American Arbitration Association website and read the rules and procedures to disqualify an arbitrator.

 

[hexeliebe]

I have to ask....

If you are to face a 12 noon gunfight would you want Wyatt Earp or Barnie Fife gunning after you?

 

[sbrown93]

Hex: Not sure exactly what you mean. Their choice of arbitrators, while has a conflict of interest, is a very good attorney (I know him). What do you mean?

Also, thanks Home, I will check out AAA website.

 

[hexeliebe]

They chose an attorney who has no arbitration experience, no employment law experience, has had numerous previous dealings with them and is also apersonal friend of the company's owner

I mean specifically that while Barnie above may be an excellent attorney, arbitration is another matter entirely. It's like taking your Porsche to a Mercedes mechanic. While they are both German Automobiles, they both require specialized knowledge.

You should take HG's advice. But I also advise asking your attorney if it's a wise move.

 

[sbrown93]

Thanks Hex. I looked up the AAA info about disqualifying. Is what a wise move? Disqualifying this guy? You think we should consider going with him?

 

[hexeliebe]

I don't think I'm qualified to give you that answer. And I would venture to guess that HG will give you the same response. Simply put, we don't know the guy, how good or bad he is and the qualifications of your own attorney, who, by the way, should be giving you this advice.

If your attorney thinks you should disqualify him then do so. If not, then you need to have confidence in your attorney. Either that, or you have an immediate handicap that has nothing to do with this other attorney.