The Party Who is Not Represented by Counsel

Arbitrators should be sensitive to a party who is not represented by counsel. This individual most likely will not be experienced in either litigation or the arbitration process and will usually need some guidance from the panel. The panel should use its judgment to determine how much guidance to provide such a party. Although the panel at all times must be careful to maintain its neutrality, it must often take an active role in such cases. The panel may at times find it helpful to:

• explain the purpose of an opening statement,
• assist the party in maintaining proper focus during the hearing,
• remind the party that cross examination should consist of specific questions, or ensure that the party has had an opportunity to present all evidence.

All efforts to assist a party should be balanced against the need to remain impartial.