Michael Silver

Mediator & Arbitrator
In Association with the Honourable Gerald F. Day

Slide 1

Expectations of an Arbitrator

An arbitrator’s function is to adjudicate fairly and with an open mind. The process must in fact be fair and be seen to be fair. The arbitration must also be efficient and focussed. The arbitrator must:

  • Have an understanding of the legal/factual/evidentiary issues
  • Possess credibility in the eyes of the parties and also be able to assess the credibility of witnesses
  • Be able to “see the forest through the trees”
  • Be available and accessible for preliminary matters
  • Be capable of assimilating and assembling a large amount of information
  • Have the ability to write cogent and lucid reasons
  • Work with the parties and their counsel to fix upon the most efficient and cost effective process

Michael Silver has these attributes and has utilized them over many years and many arbitrations