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
When your hearing begins, the first thing your arbitrator will ask for is an opening statement. What is an opening statement?
A good opening statement helps your arbitrator plan the most efficient way to handle your case. Think of an opening statement like a roadmap. A roadmap shows you the names of the cities you will pass though, but you won't actually have a view of the city until you get there. An opening statement tells the arbitrator
what you will prove (the cities), but hold the actual proof (the view of the city) until the arbitrator asks for it.
Finish your opening statement by telling the arbitrator what you are seeking.
One thing to always keep in mind is that your arbitrator is hearing about this for the first time. Details that you may take for granted may have to be explained so let your arbitrator lead the way. Our arbitrators are experienced in conducting online arbitration. If you follow their directions, you will be assured of a smooth, orderly hearing. We promise you that by the time the hearing comes to an end, both sides will have had ample opportunity to present their entire case.
Closing Argument
As your hearing draws to a close and both parties have said they
"rest" their case, the last thing your arbitrator will ask for are closing arguments.
This is your chance to focus the arbitrator's attention on the facts most favorable to your case and persuade the arbitrator to rule in your favor. Closing arguments may
not introduce new testimony or evidence.
The saying 'less is more' applies to your closing argument. Since your goal is to focus the arbitrator on the key facts that support a ruling in your favor, reviewing petty or irrelevant issues will only dilute the focus you want to achieve.
You should end your closing argument by listing exactly what you hope the arbitrator will award. Unless it has already been discussed, it is improper to ask for arbitration fees, feedback decisions, or special damages. Such requests cannot be considered at this late stage.
Remember, your closing argument is the last thing the arbitrator will hear from you before deliberation. Leave a good impression.
