Also known as: deiesmen · daysman · dayesman · arbitrator · umpire
Written by attorneys · grounded in primary & secondary sources — see below
A historical term for an arbitrator or elected judge who resolves disputes between parties. The role requires neutrality and authority to render a binding decision after hearing evidence and arguments.
Judge Harlan receives a request from former litigants to serve as deiesman in a contract dispute outside his court. He declines because the assignment falls beyond his official duties and lacks express statutory authorization. The parties must locate a different neutral to resolve their matter.
After serving as deiesman in a commercial arbitration between Davenport Pharmaceuticals and Dawson Steel, attorney Lena joins a firm. Dawson Steel asks her to represent it in related litigation. Lena must obtain written informed consent from both parties or decline the engagement.
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Attorney Marcus assists Dover Bank and Decker Electronics, neither of which he represents, in settling a licensing dispute. He facilitates joint sessions and proposes compromise terms without advocating for either side. Marcus functions as a deiesman under the professional rules governing third-party neutrals.
Demetrius Douglas and Dolores Diaz submit an employment dispute to a deiesman under their contract. The deiesman issues an award after hearing evidence. A court later confirms the award as a judgment with the same force as a civil verdict.
Dominic Drake challenges a deiesman award that resolved a voting-rights dispute. The reviewing court examines whether the deiesman exceeded authority or violated procedural standards. The court treats the award like any other adjudicative determination subject to limited judicial oversight.
Danielle Dixon and Darius Dixon disagree whether a condition precedent to arbitration has been met. Their chosen deiesman decides the threshold issue after receiving evidence from both sides. The deiesman proceeds to the merits once the condition is satisfied.
A judge may serve as a deiesman only when expressly authorized by law. The restriction prevents judges from performing extrajudicial dispute-resolution functions that could compromise judicial impartiality or create conflicts with official duties.
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A lawyer who participated personally and substantially as a deiesman may not represent a party in a substantially related matter without informed written consent from all participants. The rule protects the integrity of the neutral process and prevents exploitation of confidential information gained during mediation or arbitration.
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A lawyer qualifies as a deiesman when assisting two or more nonclients to resolve a dispute through arbitration, mediation, or a similar neutral process. The lawyer must remain non-advocatory and inform unrepresented parties that no attorney-client relationship exists.
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An arbitrator serving as deiesman may not grant guardianship or terminate parental rights. Statutory limits preserve judicial oversight over such fundamental determinations even when parties agree to private arbitration.
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…our freedom from political excitements in judicial duties, this court can never with propriety be called on officially to be the umpire in questions merely political. The adjustment of these questions belongs to the people and their political representatives, either in the State or general government. These questions relate…