Dissenting Opinion

Term from Arbitration industry explained for recruiters

A Dissenting Opinion is when a judge or arbitrator disagrees with the majority decision in a case and writes a separate document explaining why. It's like a formal way of saying "I disagree" and explaining the reasons. This is important in legal and arbitration work because these opinions can influence future cases and show different ways of thinking about legal issues. When someone mentions this on their resume, it usually means they have experience writing or analyzing these alternative viewpoints, which is a valuable skill in legal work.

Examples in Resumes

Drafted Dissenting Opinion in complex international arbitration case

Analyzed Dissenting Opinions for patterns in commercial arbitration rulings

Assisted lead arbitrator in preparing Dissenting Opinion on contract dispute case

Typical job title: "Arbitrators"

Also try searching for:

Arbitration Lawyer International Arbitrator Legal Counsel Dispute Resolution Specialist Commercial Arbitrator Legal Officer

Example Interview Questions

Senior Level Questions

Q: How do you decide when it's appropriate to write a dissenting opinion?

Expected Answer: Should discuss balancing factors like legal significance, future impact, and importance of the legal principle at stake. Should mention considering the strength of their opposing viewpoint and potential influence on future cases.

Q: How do you handle writing a dissenting opinion while maintaining professional relationships?

Expected Answer: Should emphasize maintaining respectful tone, focusing on legal issues rather than personal disagreements, and importance of clear, well-reasoned arguments.

Mid Level Questions

Q: What key elements do you include in a dissenting opinion?

Expected Answer: Should mention clear statement of disagreement, relevant legal precedents, logical reasoning, and potential implications for future cases.

Q: How do you research and prepare for writing a dissenting opinion?

Expected Answer: Should discuss reviewing case law, analyzing similar cases, consulting legal resources, and organizing arguments effectively.

Junior Level Questions

Q: What is the purpose of a dissenting opinion?

Expected Answer: Should explain that dissenting opinions provide alternative legal viewpoints, can influence future cases, and help develop law over time.

Q: How do you analyze a dissenting opinion?

Expected Answer: Should demonstrate understanding of identifying key arguments, comparing with majority opinion, and recognizing legal principles involved.

Experience Level Indicators

Junior (0-2 years)

  • Basic legal research and writing
  • Understanding of arbitration procedures
  • Analysis of legal opinions
  • Case law research

Mid (2-5 years)

  • Writing detailed legal opinions
  • Complex case analysis
  • Arbitration procedure management
  • Legal precedent application

Senior (5+ years)

  • Leading arbitration panels
  • Writing influential opinions
  • Complex dispute resolution
  • Mentoring junior arbitrators

Red Flags to Watch For

  • Inability to explain legal reasoning clearly
  • Lack of experience in arbitration proceedings
  • Poor writing and analytical skills
  • No knowledge of arbitration rules and procedures