Should only those who are trained lawyers allowed to be arbitrators for labor disputes?
No.
Why not?
The question of whether only trained lawyers should be allowed to be arbitrators for labor disputes is a matter of debate and depends on the specific context and jurisdiction. However, I can provide some information to help you understand different perspectives on this issue.
1. Legal knowledge and expertise: Advocates for allowing only trained lawyers to serve as labor arbitrators argue that legal training provides a deep understanding of labor laws, regulations, and judicial decisions. This expertise is beneficial for interpreting complex legal issues in labor disputes, ensuring fair decisions, and upholding the principles of justice.
2. Neutrality: Arbitration is meant to provide a fair and impartial resolution to disputes. Supporters of allowing trained lawyers as arbitrators argue that their legal training enables them to remain neutral while assessing legal arguments, facts, and evidence from both parties. They have the ability to critically evaluate legal claims and apply legal principles objectively.
3. Broader expertise and understanding: On the other hand, there are arguments against the requirement of being a trained lawyer to serve as a labor arbitrator. Some believe that individuals from diverse backgrounds, such as experienced industry professionals, trade unionists, or academics, can bring valuable insights and a broader understanding of industry-specific issues to the arbitration process. These individuals may possess deep expertise in labor relations and have a practical understanding of the dynamics and complexities specific to certain industries.
4. Access to justice: Requiring arbitration panels to consist solely of trained lawyers may limit access to justice for some parties. For example, it may increase costs, as lawyers tend to charge higher fees compared to other professionals. It might also create a scarcity of arbitrators, reducing the availability of alternative dispute resolution mechanisms.
Ultimately, the decision of whether only trained lawyers should be allowed to be arbitrators for labor disputes depends on the legal framework, institutional policies, and the goals of the specific jurisdiction. It is often a balance between ensuring legal expertise and neutrality on one hand, and diversity and inclusivity on the other.