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.
If your case involves factors like privacy concerns, the need for a quicker resolution, or the desire to avoid a public jury trial, arbitration might be an ideal solution. However, if you're worried about the finality of the arbitrator's decision or the potential for bias, you might prefer the traditional court route.
Arbitration is a form of alternative dispute resolution. It allows both sides to present their case in an expedited fashion to a panel of three attorneys who render a decision that same day. 2.
These cases range from breach of contract or licensing agreements, business torts, and franchise to construction and infrastructure disputes in companies from start-ups to the Fortune 500 in a variety of industries.
There are typically seven stages of the arbitration process: Claimant Files a Claim. Respondent Submits Answer. Parties Select Arbitrators. Parties Attend Initial Prehearing Conference. Parties Exchange Discovery. Parties Attend Hearings. Arbitrators Deliberate and Render Award.
The arbitrator will decide the case within 10 days of the hearing. The arbitrator will send a copy of the award to the parties and the original to the Arbitration Administrator with a proof of service attached. If the case is very complicated, the Court may give the arbitrator 20 days more to decide your case.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
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.
The arbitrator will explain the process. Each side may present an uninterrupted opening statement setting forth its position as to the facts and the law. After opening statements, the parties present their evidence and witnesses. The arbitrator swears in the witnesses and makes rulings on the admissibility of evidence.