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Slower Panelist

Wednesday, October 29, 2025 11:25 AM | Anonymous

How do you deal with a panelist who is much slower than their colleagues? What do you do if it's the chair?

What are your thoughts?

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Wednesday, October 29, 2025 1:00 PM | David

You need to have an executive session to determine whether the arbitrator is having mental deficiency issues and, if not, you need to suggest ways in which the arbitrator can better serve the parties and the process. If you believe there are mental deficiency issues, you and the other arbitrator should speak with the case administrator.

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Wednesday, October 29, 2025 1:01 PM | Josette Belvedere

I feel the arbitrator/arbitration panel has a responsibility to bring the case in in the proper allotted time frame. Sometimes it is necessary to remind litigants of this time frame and encourage them to proceed in a way which will allow them to put all their desired evidence in before their time elapses.

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Wednesday, October 29, 2025 1:20 PM | Karl Sieg

Seriously?
I'd be more concerned about the panelist who thinks another is too slow. We want the panelist who is experienced in the subject matter and takes the time to mentally review all the implications and ramifications of the evidence and testimony given in light of the panelist's extensive experience. One who thinks another is too slow can be a danger, reaching conclusions with insufficient thought, or worse yet, has already made a decision without fully gathering and considering the evidence. I've had such a case, and it left a strong impression that the impatient panelist could have been bribed.
Wenn Schon, Denn Schon.

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- Wednesday, October 29, 2025 1:29 PM | Philip glick
  
  The parties need an answer. Assuming no incapacity it is our job to deliver. As to slow arb to move it along
  
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Wednesday, October 29, 2025 1:34 PM | Sheila Carpenter

If one member is slower than the other two, the first question is “does it make a difference?” Most often it does not. When it does, offering to help by taking an issue or summarizing what needs to be decided can help. I am assuming that there is no cognitive issue. I know it happens sometimes but in 30+ years, I have not seen that. The impatient arbitrator who has not thought everything through I’ve seen a few times. Most of my co-panelists have been great.

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Wednesday, October 29, 2025 2:06 PM | MKA

I would be careful not to leap to conclusions that there is something wrong with the slower panelist. Sometimes panels move rather quickly to try to reach consensus, and it is important listen to each other. Slower might mean more thoughtful and more likely to look for issues that might be important. Courtesy among panelists is important for lots of reasons. If it appears that thoughtfulness is not the reason for the slowness, then is the panelist may possibly be lazy, disorganized or too busy. If so, the chair could have a productive discussion. If the slower panelist really seems impaired, then go to the AAA.

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Wednesday, October 29, 2025 2:31 PM | Anonymous

This issue is particularly thorny when a parry-appointed panelist seems to be slow in situations in which delay benefits that party. A chair can gently mention the need to be sensitive to the impact of delay.

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Wednesday, October 29, 2025 3:26 PM | Anonymous

Before accepting any panel position, this issue should be address with the other potential arbitrators. It is as critical as the classic issues relating to conflicts of interest. After the fact is usually counterproductive and may be grounds for removal or reversal of any decision.

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Wednesday, October 29, 2025 8:30 PM | Rebecca Bowman

Not sure whether we're talking about duration or intellectual capacity. If duration, the chair can seek buy-in on a schedule. If the problem IS the chair, one of the other arbitrators can express the need for a schedule. If intellectual capacity, whether chair or not, I locate a reliable article breaking down the issue and share it with my fellow panelists. "I wanted to be clear about what the parties are talking about, and I found this to be very helpful. I did have one case in I was concerned that the issue was actual capacity/competence. I reported my concerns to the administrator, who investigated (I don't know the details). We were notified that the third (challenging) arbitrator had medical issues and had to withdraw. We were pretty deep in, and parties chose to proceed with just two arbitrators rather than start over.

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Thursday, October 30, 2025 9:42 AM | David Vaughn

The panel and its members owe to the parties and the process timely completion of the hearings and submission of the award. If a panel member is impeding that process, the responsibility to the other panelists is to ascertain the causes of the delay, discuss the schedule to meet the panel’s obligations, work to achieve concensus on schedule, offer assistance in moving the case along, such asapportioning the work and conduct status checks. If the delays are material and the other panelists’ efforts are not sufficient, the panelists should consider notifying AAA of the problem and obtain guidance how to proceed - or have AAA make any required determinations.

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