Aug. 5, 2021, 10:56 p.m.
Aug. 5, 2021, 10:56 p.m.
The Basics of an Arbitration Hearing: How Arbitrators Conduct Each Hearing
An arbitration hearing is not that much different than that of a small claims trial. The parties present evidence in front of decision makers. While doing so, they make arguments that reinforce their stances. Once the hearing concludes, the arbitrator makes an important decision. He or she rules in favor of one party or another. Know about Conciliation Process .
Arbitration is a different concept than mediation. Why? Because an arbitrator does not play a role in trying to discover a compromise. Think of an arbitrator as a US courtroom judge. The arbitrator analyzes presented evidence and then makes a final ruling. Let’s now go over the basics of arbitration hearings. What is Arbitration Agreement or Contract ?
The Arbitration Hearing Process (Part One)
Here is a basic walkthrough of the standard arbitration process . Keep in mind that some states have various hearing systems in place. Let’s say, in this example, that you're in a dispute with a software company. The arbitration hearing is now underway. You must sit in the same room as representatives for the software company. The company’s attorney will also sit in the room. Both parties will face one another at a conference table. The arbitrator will preside at the head of the table. Sometimes court reporters are present to record what the parties say. Witnesses should wait in another room or the hallway. Check How To Use Arbitrate in a Sentence .
Next, the arbitrator will introduce himself or herself. The arbitrator will then go over standard hearing rules. You and the attorney for the software company must get sworn in to tell the truth. Witnesses that were in the hallway might also get sworn in. You and the other party both have an opportunity to provide an opening statement. Then the parties can present their cases without getting interrupted. After the parties present, they have the right to ask the other side some questions. (This question phase is optional.) Arbitrators always focus on presented evidence during each hearing. Evidence matters to them a lot more than any arguments. Know about the Advantages of Arbitration .
It’s now time for you to present your evidence before the other party does. Why? Because you're the petitioner. When you're a petitioner, the burden of making a case always falls on you. Say that you’re disputing a 3rd party claim. This means that you bear the burden of proof. You've got to convey that the other party is liable for damages. Parties do so by proving the scope of their pain, suffering, and/or injuries. What is Forced Arbitration ?
The Arbitration Hearing Process (Part Two)
Say that you're challenging your very own software company in arbitration. This means that you’ll have to prove the scope of damages. But that’s not all. You’ll have to explain why the other party should meet your compensation demand. The opposing party will not say a word while you make your case. Since you started the claim, only you can prove that it has merit. Some parties will seek a high-low agreement before arbitration takes place. So, what is a high-low agreement? It’s when the petitioner submits a certain minimum amount for damages. That party then gets assured that they can receive this small amount. (Even if the arbitrator doesn’t rule in favor of that party.) This way, the defending party gets protected from having to pay a huge amount. Check also Final Offer Arbitration .
Next, the attorney for the software company can pick up wherever the adjuster left off. That attorney will oppose your demand to get compensated. The software company lawyer might realize that you will leave the hearing with money. It’s the job of the lawyer to reduce the amount of that arbitration award. This is important during the arbitration process.
Keep in mind that there are no strict rules of evidence during arbitration. Here is an example. Say that you got injured while working for the software company. You can submit your medical records to the arbitrator. In litigation, you’d have to bring in your doctor to testify. An action like this isn’t needed during arbitration. Hearsay gets accepted during any hearing. The term refers to repeating what an individual said when that person isn’t in the room. Though hearsay’s accepted, an arbitrator has the power to discount hearsay. This means that you can't rely on it to win your case. That’s why you have two key options. You can bring in your witness to speak at the hearing in-person. Or, you can submit a signed statement by the witness. Do so if what the witness says supports your cause. What Is Mandatory Arbitration ?
The Conclusion of Arbitrations
Arbitration vs Mediation vs Litigation . Both sides have now presented their cases during arbitration. It’s time for the arbitrator to allow both parties to provide closing remarks. If you feel you haven’t proven your case at this point, closing remarks won’t help. But closing remarks during a hearing do matter. You can restate your position at the end of arbitrations. Plus, you can summarize printed evidence during this point of arbitration. That evidence should counter the arguments of the opposing party. (In this case, the software company.) You can end your remarks by stating what you believe the arbitrator should decide. Then, thank the arbitrator for helping you settle your claim. Visit Arbitral Tribunal Services .
We’ve now reached the part of the hearing process when the arbitrator provides final remarks. That is the official way in which arbitration concludes. After the hearing is over, you cannot speak to the arbitrator again. You can only do so if the arbitrator requests for you to send documents. (This often takes place once arbitration concludes.) You now must wait a week or two before learning the arbitrator’s decision. As long as you presented the case well, the results should meet your expectations. Remember that binding arbitration is final. You cannot appeal an arbitration decision that you disagree with. Plus, you're forbidden from filing a lawsuit after arbitration.
How Do You Win the Opinion of an Arbitrator?
The key to winning a hearing is to not run away from bad facts. You also should not create issues that don't exist. Remember that you only need to win the case. Doing so does not involve winning every single examination and argument. Relax and present your case in a logical and accurate manner. Also visit Interest Arbitration Services .
How Long Does the Arbitration Hearing Process Take? Is It Faster Than Court?
The arbitration process itself can take a while. Parties often spend a few months preparing for arbitration hearings. That’s when they get the discovery process ready to go. Arbitration does not last a long time. Some conclude in one day. Other hearings last about a week or a little more. Arbitration is a lot faster than court. A court dispute can take years to resolve. But that’s never the case with arbitration. The average arbitration dispute only lasts weeks. Of course, litigation will almost always last longer. Visit Arbitration Definition Economics .
How Long After Arbitration Is the Settlement?
The exact length depends on the rules listed within each arbitration agreement . The agreement might specify the day where a party must receive an award. Most settlements get provided in about fourteen to thirty days. This pertains to the days beginning once a hearing is over. Visit Pre Dispute Arbitration Clause .
Who Has the Burden of Proof in Arbitration?
The goal is for an arbitrator to rule in favor of your party. That’s why your party has to provide convincing evidence supporting claims. This refers to meeting the burden of proof in arbitration. It’s up to each arbitrator to figure out if a party meets that burden of proof. Must visit Arbitration Provision .
The Preliminary Arbitration Meeting
Keep in mind that sometimes preliminary arbitration meetings take place. They often get held after an arbitrator gets selected. Your arbitrator will let you know if he or she wants to hold a preliminary meeting. During the meeting, both parties can set the official rules of the hearing. This is where you might receive specific hearing dates. The dates will cover when you and the other party will take part in the hearing. These dates might also reference when evidence gets exchanged. And also when witnesses will appear and speak. Must visit Sample Arbitration Clauses .
The arbitrator might ask you to create and submit an arbitration statement. What is an arbitration statement? It’s a written explanation that covers the facts about a case. It will disclose what you seek to get out of the arbitration process. Check out Full Scale Arbitration Services .
How To Prepare for a Hearing in Arbitration (Review Your Arbitration Clause )
Remember that arbitration is often less stressful than going through court trials. After all, you won’t have to stand in a packed courtroom full of people. Winning a hearing depends on how effective you are in presenting your case. That’s why it’s natural to experience anxiety during the hearing process. Let’s go over some hearing tips to help you get prepared for arbitration. Check Federal Arbitration Act .
Preparation is crucial before and during the arbitration and each process. Prepare for arbitration like you're going to court. This means that you should gather all your relevant evidence. Try to make extra copies of all crucial documents. This way, the arbitrator and opposing party can read them with ease. Organize all videos and pictures that support your claim. You’ll want to also make copies of them. Then, focus on getting witnesses ready to take part in the hearing. It’s best to create a written outline of the presentation you’ll make at the hearing. Your outline should reference all crucial evidence that supports your points. Check out Arbitration vs Litigation .
Practice your hearing presentation out loud many times. Doing so will help you speak better during the hearing. You might want to travel to the hearing location before the hearing begins. This way, you’ll know where to park and what building to enter. On the day of the hearing, arrive at the conference room early. Why? So that you have plenty of time to set up your evidence. This will also help you get used to the new environment. It’s normal to feel nervous on the day of your hearing. Try to take some deep breaths and don't rush when you speak. Also visit The Types of Arbitration .
Do You Have Questions About Other ADR Processes Like Mediation? Let Us Know
Our arbitration association specializes in more than only arbitration. The law-minded experts on our team excel in all aspects of ADR . And mediation is no exception. We can help parties in any kind of dispute use mediation. This way, they don't have to stress about a panel of arbitrators making a decision. Mediation can work for any type of dispute. From an employment dispute to an international business dispute. In fact, please contact our arbitration team if you're involved in an employment dispute. We can direct parties to American employment law resources. No other arbitration experts know the law like we do. (And that includes FINRA.) Whether parties need mediation or arbitration , we’re ready to assist. Our mission is to help every customer receive an award that resolves a dispute. That’s why we connect parties to the best arbitrators in the country. Visit Insurance Arbitration .
If you’re searching for qualified arbitrators, your search is now over. We connect with top-level arbitrators that have superb decision track records. These arbitration specialists follow the law to a tee. Many of the arbitrators also have experience with mediation. They're prepared to resolve the dispute of any parties ASAP. Through calling our arbitration team, you're a step closer to receiving an award. And we want you to receive the award (from arbitrators) that you deserve. Please contact us now for full-scale arbitration and mediation services. We won’t rest until all parties get their dispute resolved. Our arbitration experts have countless years of law-related experience. They can even help you or other parties create an arbitration clause . This way, you can use arbitration law to protect yourself and your business.
Our Arbitration Services Go the Extra Mile
Any disputing parties that need services for arbitration are in the right spot. We’re the number one arbitration organization in the country. Why? Because we help parties receive a winning decision after decision. (And award after award.) Parties of all types turn to our association for arbitration help. From individuals to big-time corporations. They know that our arbitration services go the extra mile. That’s because we provide full-scale support to parties for all aspects of arbitration. This way, each party can receive the award that it needs. Check out What is Arbitration in Law .
Are you considering taking part in arbitration? Do not hesitate to contact us about our arbitration services. No matter your arbitration problem, we’ll help you discover the best solution. Arbitration has never been this simple and easy. And it’s all thanks to the hard work of our professional arbitration team. Read also Binding Arbitration Agreement .
Do You Need Help Preparing for an Arbitration Hearing? Our Experts Can Assist
If you need help preparing for arbitration, you're in the right spot. Our organization has helped thousands of people and companies get prepared. We can provide unique, specific strategies to help you thrive during your hearing. If you need us to assist, please call us at any time. Our experts look forward to making your hearing experience a success.
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