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Arbitration proceedings may begin with a preliminary conference before the evidentiary hearing is conducted. The arbitrator, parties, and legal counsel (if needed) review the items in dispute and the ground rules and procedures that will be followed during the arbitration process. At an evidentiary hearing, each party is allowed to present testimony, evidence, and arguments supporting their case. Each party is allowed, in turn, to question the other party and rebut the other party’s testimony and evidence. The arbitrator may question the parties. The arbitrator may conduct a site visit before, during, or after the hearing to fully understand and evaluate the issues under dispute. While litigation has strict rules for discovery and presentation of evidence, arbitration generally allows presentation of any information relevant to the issues under dispute. The parties may agree to have the arbitrator decide based on document submissions alone, in lieu of a hearing. The parties and arbitrator jointly confer to agree on the documents that will be submitted. The arbitrator provides a written decision after the evidentiary hearing or document review. |
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Arbitration Process |
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© 2007 JLMcDonald Conflict Resolution Services. All rights reserved. |
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Conflict Resolution Services |
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JLMcDonald |