Arbitration Case Statement With Select In Santa Clara
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FAQ
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.
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.
Before the arbitration hearing each side should: organize their arguments; identify and organize documentary evidence and testimony that supports the arguments; and make sure they have complied with CRC 3.820 prohibiting ex parte communication with the arbitrator.
After the opening statement, the claimants present evidence, that is, the details of their case. For example, they present witnesses and introduce any relevant documents. If the arbitrators did not swear a witness in at the beginning of a hearing, they will administer the oath before that person testifies.
What are the most persuasive ways to present evidence during arbitration? Know the rules. Prepare your evidence. Be the first to add your personal experience. Present your evidence. Be the first to add your personal experience. Answer questions. Respect the arbitrator. Follow up. Here's what else to consider.
All evidence must be taken in the presence of the arbitrator and all parties, except where any of the parties has waived the right to be present or is absent after due notice of the hearing.
Arbitration Process A hearing will be held after the discovery, which is conducted by the arbitrator, who is much like a private judge. At or before the hearing, the parties may submit a statement of the case that outlines their view of the facts and arguments in support of their respective positions.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.