Are We Going to Arbitrate?

Is it Arbitration or an informal negotiation? No, it is Arbitration. The Parties have contacted the Arbitrator and agreed to arbitrate. Arbitration does not mean sitting down with counsel at a conference table with clients in the outer circle while counsel try to argue the merits of their case to the arbitrator and to each other. Arbitration is not mediation where statements are confidential.

Arbitration is a legal proceeding which should follow the rules of evidence and trial procedure: opening statements, direct and cross-examination of witnesses and experts, and closing. Arbitration briefs explaining the legal and factual positions of each side are encouraged and should be filed with the arbitrator with enough days prior to the proceeding so the arbitrator has time to analyze the briefs before the hearing. Prior exchange of documents and witnesses, per the Arbitration Procedure Rules, are mandatory and to be enforced. It is important to know the rules of evidence for proper objections and be ready to present your case through witness examination and document submission at the Arbitration.

It is the arbitrator’s duty to adhere to Arbitration rules and procedure because that is what the parties want - to present their case to an objective neutral who will make a ruling based upon the law and evidence, in a timely and more cost efficient manner than a court room trial.

By: P. Mark Kirwin, Esq., Arbitrator