Everyone knows that going through a trial comes with a very expensive price tag. For this reason, many opt for arbitration. It serves as the most popular way to resolve any type of conflict. Reputable Miami court reporting services share that many people now seek their services to settle their disputes. Here is the list of the Best Practices that you should use for Conducting Arbitration Hearings.
In the scenario, the parties involved lay out their claims in front of an independent third party. The latter makes the final deliberation, determination, assessment, and decision-based on the facts. This kind of proceedings proves better than a court action because of the lower fees and lesser complexities in procedures. Best of all, the outcome is just as final and binding as a court decision.
As a legal support team that provides assistance during arbitration hearings, our Miami court reporting services team has compiled this list of best practices. This ensures that you will have smooth proceedings. With the right approach, you have a better chance of a favorable result. After all, who would not want to win in their conflict resolution?
Table of Contents
File First and Be the Claimant
When you are the claimant in an arbitration proceeding, you put yourself in an advantageous position. After all, when you give all the details of the case before your opponent, you have an edge. The third-party arbiter hears your side of the story first. Thus, you must ensure that you present your case well so that it will make an impact.
Remember, a clear and understandable presentation will be remembered well. If you need assistance in documenting the events, seeking Miami court reporting services can be your best bet. A designated court reporter will come to assist you. This person will take down the word-for-word testimony of your client to ensure everything is covered. With accuracy and precision, you can make well-thought-out presentations that every party will understand.
Make It Easy for Everyone to Follow the Case
As you state the merits of the case, you must make it easy for everyone to follow the details. Make sure your oral presentation, questionings, and briefs are short. Keep them grounded on the evidence and the law.
Most of all, make sure the arbitrator holds visual documentation. Avoid briefs with very long words and fillers like creative adjectives. Keep the right information written on your briefs and skip long repetitive arguments that do nothing to help the arbitrators make a decision.
For best results, consider providing a document for the arbitrator while the proceedings are in progress. You can include the following:
- Succinct information
- Pertinent details
- Exhibits of the case
- Integral data for better understanding
In this instance, you save a lot of time because you avoid confusion and misunderstanding. Proper presentations can certainly prevent delays. For this reason, many people prefer arbitration over litigation because it is not only cheaper but moves a lot faster, too.
Consider the Best Way to Present Evidence
Thankfully, arbitration permits flexibility when it comes to presenting evidence. To illustrate, experts called in for a statement can be presented via a “hot-tubbing” technique. In this procedure, experts from both parties gather in a room where they present their testimony. Then, they are asked questions by the opposing expert, attorney, and arbitrators.
The entire procedure looks like a seminar, proving very efficient for technical, scientific, or engineering disputes to make things clear, ensure that the issues are laid out well and what kind of motion is requested. Everyone must be clear on what the issues and requests are since the final award will state the ruling on every specific issue and the corresponding resolution.
Find the Best Arbitrator or Panel of Arbitrators
If you choose arbitration, both counsel and parties can select an arbitrator or panel of arbitrators with expertise on the subject matter concerning the dispute. Selecting the best arbiter means finding someone with an educational background and professional experience on the subject. For example, both parties can agree on a medical arbitrator if the dispute falls under medical malpractice and the like.
Miami court reporting services pointed out that with the right arbitrator, you will save time and prevent unnecessary delays. After all, the materials you present will not sound foreign or complex for the person or people in charge. Selecting the right arbitrators means the counsel and parties can present their information to professionals who already understand the nuances and jargon involved in the matter. Usually, you will find a list of specially qualified arbitrators in a database. Use keywords to find the best one suited for your case, then narrow down prospects and conduct interviews to see which individuals will work best on your specific case.
Keep Everything Professional
The goal of arbitration is the fastest resolution of your case. Thus, avoid mind games and personal attacks. Play it nice because emotions can run high during the proceedings. A professional providing Miami court reporting services shares even attorneys can get agitated. Thus, you have to make sure you keep the dispute between the clients and not the other professionals involved in the case.
Represent them to the best of your abilities without compromising your ethical standards. After all, an arbitrator seeks:
- Objective facts
It is best to remain unbiased to get the best results. An arbitrator possesses the legal authority to help decide on the case. Therefore, it is best to leave out unhelpful and unnecessary details that will only distract from the merits of the case.
Keep a Detailed Record of the Proceedings
Since an arbitration hearing is binding, unless otherwise agreed by the parties beforehand, you must strive for proper documentation. Seeking Miami court reporting services can help make or break everything. An accurate account, while the hearings are ongoing, proves crucial.
Should it be decided that the agreement of the arbitration is non-binding, one party may decide to take things to trial. Hence, having the proper transcription of the pre-trial arbitration holds an important role in helping you come up with your next strategy. Apart from serving as a resource, it may reveal some vital information that you may not have noticed as the proceedings wherein progress.