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.
Attorneys licensed in California can join panels at local bar associations and gain experience arbitrating such disputes with little delay. Honing basic lawyering skills like research, writing, and trial advocacy can help aspiring arbitrators build a foundation from which to transition to a career as a neutral.
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.
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.
After drafting the Motion to Compel Arbitration, you'll need to file it with the court clerk. You can do this in person or let an attorney do it for you if you have one. Filing requirements vary from one court to another; you need to consult with the court clerk about local rules for filing that apply to your case.
In general, a Request for Arbitration or a Notice of Arbitration must contain the names of each of the parties, the names of the parties' representatives, a description of the dispute giving rise to claims, a statement of the relief sought, a description of the agreement containing the arbitration clause, the choice of ...
Necessary Elements Details of the Parties. Details of the relationship between the parties. Demand for Arbitration. The mention of agreement/contract (if any). The mention of already existing arbitration agreement between the parties pursuant to which the concerned notice of arbitration has been sent (if any).
During the arbitration hearing, each side lays out their points and presents the evidence they have. But unlike the typical courtroom setting, the procedures are different, and the arbitration proceedings stay confidential.
The arbitrator listens to both sides, looks at the evidence you've sent in and decides what the outcome should be. In some cases, the arbitrator may choose to have several meetings with you both. When the arbitrator makes a decision, this is called an award and it's legally binding.
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.