In any arbitration proceeding the representative of each party has a two-fold obligation of major importance to the arbitrator, the effective fulfillment of which is essential to the success of the arbitration process. In the first place, the arbitrator must be advised in clear and concise terms as to exactly what constitutes the issue or issues to be determined, which, of necessity, to be effective, must be preliminary to the presentation of the case proper. In the second place, it is, of course, equally important to have a clear presentation of each party's case after the issue has been formulated. As to both matters, parties should bear in mind that the arbitrator has only so much information or understanding of the problem involved as the parties present to him or provide him with a basis for developing. A statement of these basic needs is not meant to imply that there is one set and only proper method by which these obligations may be discharged. There are many methods used in the discharge of both obligations, and with greatly varying effectiveness.
Robert L. Howard,
Informing the Arbitrator,
10 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol10/iss4/10