Both lawyers and arbitrators have important roles to play in the resolution of disputes in the legal profession, but their functions, duties, and professional responsibilities are quite different. It is important for individuals and companies to understand the differences between the two professions when dealing with legal disputes.
What is an Arbitrator?
An arbitrator is a third party who settles disputes outside of the conventional court system by arbitration. Arbitration is an alternative dispute resolution (ADR) process in which parties consent to have their case determined by an arbitrator or a panel of arbitrators. The decision of the arbitrator, referred to as an award, is usually binding and enforceable by law.
Major Duties of an Arbitrator:
Neutral Decision-Making: Reviewing facts and evidence objectively in order to make a sound legal decision.
Conducting Hearings: Overseeing arbitration hearings, giving the parties an opportunity to put their case forward.
Applying Laws and Rules: Maintaining compliance with arbitration contracts and laws.
Issuing Awards: Delivering a written award that settles the dispute.
Maintaining Confidentiality: Arbitration cases are kept confidential, unlike court proceedings.
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Who is a Lawyer?
A lawyer (also attorney or advocate) is a legal practitioner who acts on behalf of clients in legal issues, such as disputes, negotiations, contracts, and litigation. Legal professionals may represent clients in court, provide legal advice, prepare contracts, and resolve disputes..
Important Duties of Lawyer:
Representation: Representing clients in both court and arbitration through legal representation.
Counseling: Providing information on rights, obligations, and potential outcomes.
Legal Documentation: Contracts, wills & agreements and pleadings.
Negotiation & Mediation: Mediating attempts at settling disputes through non-litigation.
Compliance Support: Assisting clients in obeying legal statutes and requirements.
Learn the Key Differences between Mediation & Arbitration
Key Differences Between an Arbitrator and a Lawyer
Arbitrators and lawyers both have fundamental roles to play in the world of law, but their purposes are fundamentally different. Knowledge of these differences ensures that individuals and companies make rational choices when it comes to pursuing legal issues.
Role & Function:
An arbitrator is an impartial third-party adjudicator for conflicts.
A lawyer advocates on behalf of, and represents, a client's interests in cases.
Decision-Making Authority:
An arbitrator makes binding or non-binding awards upon evidence and argument.
A lawyer counsels, negotiates, and advocates cases but doesn't make rulings.
Representation:
An arbitrator does not act as a representative for any of the parties to the dispute.
A lawyer serves a client directly in order to defend their legal rights.
Legal Setting:
Arbitrators work in arbitration tribunals or private dispute resolution facilities.
Lawyers practice in courtrooms, corporate buildings, or arbitration hearings.
Scope of Work:
Arbitrators resolve conflicts under the umbrella of alternative dispute resolution (ADR).
Lawyers deal with litigation, advisory, drafting contracts, negotiations, and compliance.
Neutrality:
Arbitrators are required to be entirely neutral and impartial.
Lawyers become partisan and actively represent their client's cause.
Legal Authority:
Arbitrators possess limited powers within the bounds of arbitration cases.
Lawyers can specialize in different areas of law such as criminal law, corporate law, and civil litigation.
Binding Results:
Arbitration awards are usually final and binding, with limited scope for appeal.
Law cases being dealt with by attorneys may be subject to several appeals.
Types of Cases:
Commercial, employment, international, and contractual disputes are dealt with by arbitrators.
Attorneys deal with a wider range of legal issues, such as criminal cases, property disputes, and regulatory matters.
Legal Training:
Arbitrators tend to be veteran attorneys or judges but are not legal representatives.
Attorneys need to be licensed practitioners who render legal representation.
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Can a Lawyer Be an Arbitrator?
Yes, numerous arbitrators are lawyers or former judges. Not all arbitrators are lawyers, though—some have industry expertise, like finance, construction, or international trade, and can be very good at settling those kinds of disputes.
Which One Do You Need?
If you require representation for a legal issue, court proceeding, or negotiation, you need to hire a lawyer.
If you require an independent third party to settle a dispute quickly and discreetly, then an arbitrator is the perfect person for the job.
Arbitrators and attorneys are both necessary components of the legal system, yet their functions serve different purposes. Having an understanding of them provides individuals and companies with the ability to select the proper professional for their particular legal case.
In a nutshell,
Although both serve a crucial purpose in the legal system, arbitrators and lawyers are distinct from each other. Arbitrators act as neutral mediators who help resolve disputes outside of court to protect legal rights within litigation scenarios. They operate differently from lawyers who serve as legal client representatives. Knowledge about arbitration enables both individuals and businesses to take wise legal decisions for their disputes.
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FAQs on Arbitrator vs Lawyer
Q1. What is the key distinction between an arbitrator and a lawyer?
An arbitrator is an impartial resolver of disputes, whereas a lawyer is a representative and defender of a client in legal affairs.
Q2. Can a lawyer be an arbitrator?
Yes, numerous arbitrators are qualified lawyers, but when working as an arbitrator, they are impartial and can't act on behalf of either side.
Q3. Is the decision of an arbitrator legally binding?
It varies with the arbitration agreement. Some are binding and enforceable, while others are non-binding, and parties can pursue further legal action.
Q4. Do I require a lawyer in arbitration?
Having a lawyer is not required, but it may assist you in making a good case, comprehend legal jargon, and work through arbitration procedures.
Q5. Is arbitration better than court litigation?
Arbitration is quicker, confidential, and inexpensive, whereas court litigation is subject to appeal and stricter legal enforcement. The decision rests on the type of dispute.
Q6. What kinds of cases are taken to arbitration?
Arbitration is most typically applied to commercial contracts, workplace disputes, construction disputes, and international trade disputes.
