BRYAN D. COLEMAN

Mediator - Arbitrator

Phone: 713-863-9966 Fax: 713:863-8787

JUDICIAL TEMPERAMENT

by Bryan D. Coleman

Judicial temperament, composed of the ability to listen, sensitivity, open-mindedness, courtesy, patience, freedom from bias or prejudice, integrity, moral courage, legal ability and expertise, intelligence, wisdom, compassion, fairness, diligence, decisiveness and a commitment to equal justice, is that which separates a good fact finder from one who is unacceptable.  It can mean many things to various people, making the existence thereof particularly susceptible to manipulation by advocates and persons motivated to judge the fact finder. 

Theoretically, parties and their counsel are well aware that there will be a “winner” and a “loser” in any litigation if it is pursued to a decision before a fact finder; however, if a fact finder has done his job well, the parties and counsel will be satisfied that they have received a fair hearing of the dispute, regardless of the fact finder’s ultimate decision.  Appropriate judicial temperament is thus not a matter of personality but a matter of commitment to be the embodiment of justice, showing respect and equal dignity to all that a fact finder may interact with.

Our system of justice, which is clearly moving in the direction of arbitration, as opposed to protracted litigation in courts, depends on our citizens’ faith and trust that arbitrators will decide disputes fairly, impartially, free from bias or prejudice, expeditiously and with the promised savings in time and money.  Citizens must have trust and respect for arbitrators; and, in return, arbitrators must respect all those they interact with, including the parties to the dispute, their attorneys, witnesses, staff, and members of the public. 

The existence or non-existence of judicial temperament, in a given individual arbitrator, is highly subjective, but certain common principles are indispensable.  This does not mean that the arbitrator must be “Mr./Ms. Congeniality”, with a sparkling personality and good sense of humor.  It cannot be forgotten that the litigants have a right and expectation that the arbitrator will have the qualities of courage and decisiveness, balanced with the other more personable qualities.  The qualities of courage and decisiveness are indispensable if an arbitrator hopes to insure that the parties do not feel that the process is merely a “splitting of the baby”. 

By virtue of the fact that arbitrations are relatively unsusceptible to appeal, barring questions of neutrality and the refusal to permit evidence to be presented, an arbitrator must strive to be the personification of justice; and, in return, the citizens and advocates will willingly place their faith and trust in the arbitrator.  If the arbitrator exhibits politeness, courtesy and a willingness to treat all with dignity, even in the face of the inherent human emotions that are present in the litigation process, the participants will recognize and appreciate this willingness.  Finally, if the foregoing is coupled with an attitude of genuine caring and willingness to listen carefully and fully to the evidence and the arguments of counsel, the arbitrator should rarely receive criticism for his judicial temperament.

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