Talk with the other party
Let the other party know that you would like to arbitrate your dispute and seek their agreement to do so. Send them a link to our website so that they can become familiar with our service.
File the case
We are often asked if it matters which party files the case. It does not matter even a little bit. No inference is ever taken from which party files the case and neither side is ever at a disadvantage since the burden of proof for each side is the same. We treat both parties equally at all times.
Make notes
Hopefully you have made some notes in the weeks leading up to this point to help you remember key facts. If not, start right now. Notes are important for a lot of reasons, from being able to organize your presentation in a logical manner to getting key facts straight.
Create a timeline
One of the first things your arbitrator will have to do is understand the sequence of events that led to your dispute. Immediately begin to prepare a list of these events with the date in the order they occurred.
Observe other hearings
Since your arbitration hearing is conducted a lot like a courtroom trail, you might want to spend an afternoon at your local courthouse observing the procedure. Not only will this give you a good idea of what to expect, having that knowledge will make you more relaxed and able to present a better, more coherent case.
Or you could bone up on The People's Court or Judge Judy. Those long-running television shows are really arbitrations dressed up as courtroom trials. For a list of these popular TV shows,
» click here.
An arbitration hearing is very much like a court trial, except a lot less formal and fewer rules to trip you up. Nevertheless, you still must approach it as you would a trial. How you present your case is sometimes the difference between winning and losing.
Be truthful
Not only are you under an oath to tell the truth, but should the arbitrator sense that your testimony is less than honest in any regard, he or she will be much less likely to believe other aspects of your testimony. Like judges, arbitrators are experts at separating fact from fiction. And like a judge or a jury, if the arbitrator believes you are untruthful about something, he or she may be skeptical about your honesty concerning other parts of your testimony as well.
Be courteous
It almost goes without saying that you should treat your arbitrator with as much respect as you would a judge. You should also treat your opponent with respect, as this will affect how your arbitrator views you as a person. Regardless of what bad or angry words may have been exchanged prior to coming to arbitration, wipe the slate clean. It never hurts to be polite, but it can hurt you if you are not. Arbitrators do observe and can be affected by the statements, conduct, professionalism and decorum of the parties.
Please be timely with your emails. Long periods without contact become uncomfortable for everyone, so if you need an extra day or are going to be away for a few days, let your arbitrator know in a timely manner.
Write clearly
Keep in mind that your arbitrator knows absolutely nothing about your dispute when the hearing begins and depending on the nature of your dispute, the arbitrator may not understand some of the industry jargon you may be using to describe your dispute. Start from the beginning and keep it as simple as possible.
Being so closely involved in a situation often clouds your vision. One way to make sure you have told your story completely and thoroughly is to write it out and have someone else who knows nothing about the dispute read it for clarity. See what questions they have that may show you where you have left out information. And this cannot be stressed enough — proofread everything before sending it.
Consider your weaknesses
Be prepared to do damage control when the other side brings up the flaws in your case. As a tactical ploy, you may want to raise bad facts on your own, discuss them, and move on.
Opening statement
At the beginning of your hearing, your arbitrator will ask you to make an opening statement. The opening statement gives the arbitrator a general overview of the subject matter, focusing on the issues currently in dispute.
Framing the issues tells the arbitrator what he or she is going to decide. A good opening statement lists each issue clearly.
The next thing you want to do in your opening statement is to tell the arbitrator what facts you will prove that will win your case. You should wait until after opening statements however, before actually arguing your facts and presenting evidence.
And the final thing your opening statement should do is tell the arbitrator what you think the final outcome should be. For example: "I want the arbitrator to award me $100 for the damage to my piano and $50 for the damage to my rug."
Closing statement
Prior to closing your hearing, the arbitrator will ask each party if they would like to make a closing statement. Since this is the very last thing the arbitrator will hear from you, it is important to make a good one.
A good closing statement should be a short, concise summary of the
key facts that support your case, and how those facts should lead the arbitrator to rule in your favor. End by telling the arbitrator what it is you want him or her to decide.
A common mistake is to try to review all of the evidence and repeat the same things that were said already in the hearing. While it may seem like a good idea at the time, stop and think about how you react when you hear the same things repeated over and over again. You want your closing statement to resonate in your arbitrator's mind as he or she is deliberating. Repetitive testimony can sometimes have the opposite effect.
