Arbitrator Career
Arbitrator Career
The Real Poop
Trials can be expensive, and we're not just talking about when you lose. Lawyers on both sides siphon money through consultation, contingency, hourly rates, retainers, and referrals. And they're not going anywhere soon; people are so busy suing the pants off each other that many standard trials take years to conclude. Stinks, right? Well, fortunately for everyone, there's a work-around for those tedious trials: the arbitrator.
While "the arbitrator" may sound like the name of one of those terrifying robot cheetahs that MIT is building, it's actually just the title of various legal and business experts tapped to help settle disputes out of court. You wrangle one of these guys to listen to your case, and you're going to get through the system cheaper and faster. Just be prepared to live with the outcome. Generally speaking, his or her decision is final.
Because they're experts, arbitrators generally pull an expert salary, averaging somewhere in the region of $76,840 a year (source). Of course, that number can fluctuate wildly depending on the arbitrator's experience, specific area of expertise, and even whether or not they choose to pursue it as a full-time job.
As a general rule, the more specialized an arbitrator is, the more money they'll make, but the less work they'll have. Just one more example of life's obnoxious little trade-offs—like how salad is good for you, but nobody wants to eat it.
Arbitrator is a job title, sure, but it's more of a "how" than a "what." The "what," in this case, is your expertise. The "how" is how you use that expertise. You'll need to know the law like the back of your hand, and then know one aspect of it (like property or environmental law) like the back of both your hands if you want to succeed.
Perhaps the best way to understand arbitration is to watch an episode or two of Judge Judy. That's right; she's called a judge, but Judge Judy as you know her is an arbitrator. (Arbitrator Judy just doesn't have the same ring to it.)
People with disputes show up, plead their case, get a chance to chat with the arbitrator and each other, then receive a binding judgment. Real life is pretty much just like the show, but with noticeably fewer granny insults, audience members, and cases involving mobile homes.
Just like Judy, arbitrators are generally chosen for their knowledge, and that knowledge is usually of the legal variety. That's right, kids: in this business, there's just no getting away from lawyers. What were you expecting? It's called law, after all.
And we're pretty sure your non-lawyer, burger-flipping cousin Ted is the only one who wants your non-lawyer, burger-flipping cousin Ted to be overseeing something as important as a patent dispute between Apple and Samsung.
The law takes care of its own, too; many arbitrators find work by joining an approved court roster organized by their expertise—be it environmental, property, patent, copyright, or the notoriously complex field of maritime law. Getting appointed by the court takes time, skill, and experience, so don't expect a seat in the dugout before you've hacked it for a few years as a practicing lawyer. "A few," as in, probably ten or more years of hacking it.
When lawyers make the transition to arbitrator, their function changes significantly. Arbitrators get paid whether or not it's decided that Petey owes statutory damages for willfully backing over his roommate Terry's cat. This clause allows them to exercise the impartiality they need to do their job properly. Arbitration requires someone who's levelheaded, calm, and capable of problem solving without allowing emotions or biases to interfere with delivering fair judgment.
Sound like you? Then why not just give it a try and see if you like it? Don't let four to nine years of education plus ten to fifteen years of court experience deter you from a little experimentation.