What to bring to an arbitration hearing?

Asked by: Prof. Mariano Hammes  |  Last update: February 27, 2025
Score: 4.1/5 (24 votes)

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.

How do I prepare for an arbitration hearing?

But first, let's get some context.
  1. What is arbitration? ...
  2. #1: Understand the arbitration agreement deeply. ...
  3. #2: Understand the applicable rules. ...
  4. #3: Conduct preliminary research and gather information. ...
  5. #4: Know your arbitrator. ...
  6. #5: Prepare your client. ...
  7. #6: Draft the opening statement. ...
  8. #7: Manage the hearing day.

What not to say during arbitration?

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.

What do you wear to an arbitration hearing?

Men should wear closed-toe shoes and a collared shirt. Women can choose closed-toe shoes and modest, well-tailored clothing. Avoid overly casual items like jeans or sneakers. Conservative colors are also a safe bet.

What to expect during an arbitration hearing?

An arbitration hearing is conducted by a panel of 3 arbitrators and is similar to a bench trial. At the arbitration hearing, the panel will listen to the facts, evidence, and law and at the end of the hearing will deliberate on an award.

What You Need to Know to Prepare for an Arbitration Hearing

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Who usually wins in arbitration?

An empirical study conducted by economic firm ndp | analytics and released by ILR shows that employees and consumers win more money, more often, and more quickly in arbitration than in a lawsuit. Employees were more likely to win in arbitration (almost 38 percent) than in a lawsuit (almost 11 percent).

How long do arbitration hearings usually last?

Most arbitrations take about three hours. If you think your case will take more than five hours, let the arbitrator know before the arbitration starts.

Who speaks at an arbitration hearing?

The chair will then swear in all of the parties and witnesses in attendance who will testify. The claimant's side is given the opportunity to make an opening statement, followed by a statement from the respondent's side. These statements provide a brief outline of the issues and what the party will try to prove.

What is the best color to wear to court?

It's best to avoid bright colors. Whether you're a plaintiff or a defendant, dark or neutral colors like white, navy blue, and gray are the best colors to wear to court. Your attorney can offer guidance if you're unsure about what you're wearing.

Who pays for an arbitration hearing?

The parties each pay their own costs to conduct their case. Parties will likely not encounter all of the above costs on every case, and the amount of these costs, and which party must pay them, is different depending on the case and the rules that apply.

How do you protect yourself in arbitration?

In arbitration, you don't have to have a lawyer represent you (unless state law requires it), but it's important to know that arbitration is a final and binding process that can affect your rights. So, if you are considering representing yourself, it's a good idea to talk to a lawyer.

What are 2 disadvantages of arbitration?

Cons:
  • Limited Appeal Options: One of the most significant downsides of arbitration is that it offers very limited options for appeal. ...
  • Potentially Less Oversight: The informal nature of the arbitration process could lead to less regulatory oversight, making it crucial to choose a reputable arbitrator.

What matters are not allowed in arbitration?

1 of Act 49 of 1996.] A reference to arbitration shall not be permissible in respect of- (a) any matrimonial cause or any matter incidental to any such cause; or (b) any matter relating to status.

How to win an arbitration case?

Due to the fact that witnesses are the most crucial means of winning a case at arbitration and, at the same time, the most difficult evidentiary element to control, any party at arbitration should use the services of a labour law expert to identify well in advance all the witnesses that will be needed, to prepare these ...

What happens if you lose in arbitration?

What Happens If You Lose in Arbitration? Losing in arbitration means the arbitrator's decision goes against you and the arbitrator may issue an award. This could involve paying money damages, returning property, paying the other party's arbitration or legal fees, or taking some other action.

What is the burden of proof in an arbitration hearing?

In order for the arbitrator to decide in favor of a party, the party must provide sufficient clear and convincing evidence to support their claims. This is known as meeting the “burden of proof.” The arbitrator will determine whether the party has met their burden of proof.

Can I wear jeans to a court hearing?

For MEN & WOMEN: While we do not advise you to wear jeans, if you do not own a pair of slacks or khakis, wearing jeans may be your only option. IF that is all you own and you choose to wear jeans to court, check before hand and make sure the court you are attending does not have guidelines against wearing jeans.

How do you impress a judge in court?

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  1. Dress professionally and appropriately. ...
  2. Show up on time in the right place. ...
  3. You may have to wait outside the courtroom before your testimony. ...
  4. Be aware that there is a chance that you will not be called to testify at the scheduled time and you may have to return at another time.

Does hair color matter in court?

A simple, combed style is appropriate for men and women. If you have long hair, you can tie it back or put it up. Natural hair colors are best, so plan accordingly in the months leading up to your court date. If you have a beard and/or mustache, make sure it's trimmed or combed neatly.

How to prepare for an arbitration hearing?

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.

How long is an arbitration hearing?

Justice Court arbitrations and mediations are typically scheduled to last an hour and a half. That amount of time is usually sufficient to allow each side to present their case or defense, identify and question witnesses, and offer closing statements.

How much does arbitration cost?

Your Arbitrator

This person serves as a neutral third party who will ultimately make a binding or non-binding decision in your case. Private arbitrators in California can charge anywhere from $200 to $1,000 per hour.

Is it better to settle or go to arbitration?

But its faster resolution, lower cost, and binding decision often make arbitration the preferred choice for your small business clients. Arbitration provisions are often written into commercial contracts, stating that in the event of a conflict, the parties will use arbitration to resolve their issue.

What happens after you win arbitration?

If you win the case

At the end of the case, the arbitrator makes an award. The arbitrator can decide that the other party should also pay your fee for registering the claim for arbitration. This has to be agreed when the arbitrator is appointed. You may also be entitled to any interest on the claim.

How to address an arbitrator?

BACK TO BASICS : HOW TO ADDRESS AN ARBITRATOR
  1. Arbitrator – Mr. Arbitrator / Madam arbitrator / However they prefer (Please always ask pronounces too before addressing)
  2. Tribunal member.
  3. Name.