6 Tips for a Successful Arbitration Hearing
Arbitration is a popular way for companies to resolve a dispute or conflict, as it can help them avoid expensive trial fees. It is important to be aware that a hearing will be much different to courtroom procedures, as it is often more informal and has different expectations.
To ensure you are 100% prepared for the process and develop a strong case, read the below six tips for a successful arbitration hearing.
- Adopt a Friendly, Professional Approach
Personal attacks and game-playing won’t stand you in good stead during an arbitration hearing. An arbitrator will want to view the facts objectively, and manipulative tactics will become an unnecessary distraction that won’t work in your favor.
Instead, a lawyer would be wise to adopt a friendly, professional approach to the arbitration process and must deliver key information to support your side of the story.
- Don’t Make Small Talk with an Arbitrator
Due to the casual nature of the arbitration process, you might be tempted to make small talk with an arbitrator. However, you must avoid doing so. Both parties mustn’t become too friendly with an arbitrator, which will allow them to come to an impartial decision.
If you become too friendly, the opposition could appeal an award by claiming bias, which could overturn a decision and prolong the process. Protect your case by respecting an arbitrator’s boundaries during a hearing and ensure the opposition doesn’t have grounds for an appeal.
- Record an Arbitration Hearing
It is a smart idea to make an accurate recording of the arbitration hearing. If arbitration isn’t binding, you must document the process from start to finish, as your client will have the right to take their case to trial.
A transcript of the process could prove valuable when at trial, as it could help you to develop a successful strategy. It is, therefore, important to find respected court reporting services to transcribe a hearing.
- Choose an Experienced Arbitrator
It is vital to the success of your case to choose an arbitrator who has extensive experience in your subject matter.
For example, if you have a medical dispute, both parties should find a medical arbitrator to listen to both sides of the story and come to a decision. It could save you considerable time and stress.
- Learn About an Arbitrator
In addition to selecting an arbitrator with experience in your field, you also should develop a case that appeals to their preferences. For example, if they are a strict constructionist known for enforcing terms of a contract, you must shape an argument and examination to support your case.
- Provide a Document Notebook
Present a document notebook during a hearing to help an arbitrator to follow your case with ease. Ensure it contains exhibits and other key information that could provide clarity on a topic to settle a dispute in your favor. You also should assemble the exhibits in the order you wish to present the information to an arbitrator.