Arbitration Case Statement With Or In Pennsylvania
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FAQ
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.
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.
Much like the opening statement in a trial, your arbitration statement should lay out what the “evidence” – the written material – will show regarding the proper credit on the project. The Arbitration Statement is not established fact, just your assessment of the material.
Disadvantages Questionable Fairness. Mandatory arbitration. Finality: No appeals. While this may be a positive if you find the arbitration decision favorable, you should be aware that if arbitration is binding, both sides give up their right to an appeal. Can be more expensive. Unpredictability: Unconventional outcomes.
Arguments should flow easily from the relevant facts and applicable law. Avoid exaggerating the strengths of your case as well as disparaging the opposing side. Remember that professionalism and credibility are critical to persuasiveness.
Because of limited discovery, lack of a jury, and limited appeal rights, arbitration outcomes are riskier and more final than court litigation. It is hard to see why arbitration would be fairer than court litigation. Arbitration is litigation, just not in court.
In conclusion, an effective opening statement will tell the arbitrator in a concise, courteous fashion exactly what the factual situation in the case is, what the issues are, how the advocate wants the arbitrator to rule on the issues, and exactly what relief is being requested.
Even if there were no pre-hearing briefs, keep your open- ing short, providing an executive sum- mary of your case in chronological order without getting into the weeds. Try to sum up some key points in phraseology the arbitrator will remember. If you have compelling evidence, mention it.
Rule 1304 - Conduct of Hearing. Generally (a) Except as otherwise prescribed by these rules, the board of arbitrators shall conduct the hearing in conformity with Rule 1038(a). A voluntary nonsuit may be taken by a plaintiff as permitted by Rule 230.