Selecting an Arbitrator

Arbitrators Selection Process

Selecting An Arbitrator There are three categories of Arbitrators: public chairperson, public panel member, and non-public or industry panel member. The importance of selecting a qualified arbitrator cannot be overstated.

A Public Arbitrator is someone without specific knowledge of the financial industry that may come from a wide array of industries that will essentially use their "common sense" understanding of the situation and rely on their training/life experience in coming to a fair and equitable result.

The industry Arbitrator will usually be an investment professional of some type with a more detailed understanding of securities, commodities and may often times be an attorney.

The selection process, similar to a draft, is governed by FINRA 12404, and allows the parties to look at the potential arbitrator’s resume, qualifications and any industry related commendations. Each side is handed a list with eight (8) possible arbitrators and must pick four (4) acceptable arbitrators while ranking them form highest to lowest in order of preference. In the rare case that the eight are all disqualified, FINRA will use the NLSS (Neutral List Selection System) to fill the vacant post.

Pre-Hearing Conference

According to FINRA Rule 13500 and after the panel is selected, FINRA schedules a telephone conference called the "IPHC" (Initial Pre-Hearing Conference), at a predetermined date requiring attendance by all the parties, their attorneys as well as the panel members.

While this is more of a scheduling exercise with the setting and confirming dates for discovery cutoff, evidence and witness exchange, it also allows both parties to reach an agreement regarding the rules applicable to the particular arbitration, the acceptance of the panel and the identification of all the parties.

Client Reviews
Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. Melanie
My mom was the victim of nursing home neglect/abuse. I retained Tom and he provided great representation in a professional, courteous fashion. He made a very uncomfortable ordeal bearable. I would highly recommend his services to anyone in need of sound guidance and professional representation. Paul D.
Tom Gallivan fought for - and won - a settlement on behalf of my mother, who suffered terrible pressure sores due to nursing home neglect. I will always be grateful for his diligence and hard work, and for keeping me informed during the entire process. He will fight for you every step of the way. Trudy
Mr. Gallivan did an exceptional job representing our family during a nursing home law suit. He took care of every detail and put us at ease during a very emotional trial. I would very highly recommend him and his firm of outstanding professionals. Jane
Mr. Gallivan was the best choice I could have possibly made to represent me in mom's nursing home neglect case. He kept me informed & updated every step of the way & not only listened but acted on all my concerns. I would highly recommend him as a very professional, diligent, & knowledgeable attorney. Steve
Tom Gallivan represented me for a car accident I was involved in. He not only returned calls and emails promptly, his expertise helped me obtain a nice settlement. His compassion for me was heart-warming and much appreciated. Thank you kindly , Mr. Gallivan. Joanne