McGinity v. Pawtucket Mutual Insurance

I respectfully dissent from the majority's holding in this case. Tripartite arbitration is a unique, anomalous and somewhat murky world. As has been set forth in many cases, non-neutral (or party-appointed) arbitrators are expected to advocate on behalf of the party who appointed them and to do their best to present the facts to the neutral arbitrator in the light most favorable to that party. See, e.g., Local 472, International Brotherhoodof Police Officers v. Town of East Greenwich, 635 A.2d 269 (R.I. 1993); Aetna Casualty Surety Co. v. Grabbert, 590 A.2d 88 (R.I. 1991). Undoubtedly, that…