To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps: Filing and initiation. Arbitrator selection. Preliminary hearing. Information exchange and preparation. Hearings. Post hearing submissions. Award.
Parties will need to provide material evidence during the arbitration process. Some arbitrators may require that some types of evidence (such as invoices, pictures, and party correspondence) be presented in a specific format, such as in a binder and labeled in a certain order.
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.
How to prepare and present a labor arbitration case Conduct a comprehensive investigation. Collect relevant documents. Study the contract to find clauses that directly or indirectly affect the dispute. Talk to anyone who might be able to help provide a full picture of the case, providing a strong factual foundation.
Arbitration Forums, Inc. You may request membership information via membership@arbfile or call 1-866-977-3434.
Witnesses are usually asked to swear or affirm to the truthfulness of their testimony. After a witness has given direct testimony, the other side has the opportunity to cross examine the witness. After all those witnesses have testified, then the union puts on their case. You are expected to be a witness.
How to Use Arbitration Awards Online. You can search for awards by Case ID, Keyword, Name, Date of Award (by date range), Forum, Document Type, Panel Composition, or a combination of search parameters. Awards can be viewed online, printed, or downloaded as text-searchable PDF files.
Arbitrators and mediators also play an important role in protecting personal confidential information. They have a duty to: Keep confidential all information obtained in connection with an arbitration or mediation. Transport and store, of case materials in a manner that preserves the confidentiality of the information.
Parties may attempt to maintain the confidentiality of the award in court by requesting permission to file the award and the arbitral record under seal. However, there is a strong presumption in favor of public access to dispositive motions, including motions to confirm or vacate an arbitration award (see Kamakana v.