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Arbitration Procedures
It is practically impossible to appeal a losing case. The arbitrator has no power once the case is decided. The matter can be reviewed only by a judge, and judges cannot overturn the award on the grounds of insufficient evidence. The only ways a case can be overturned on review generally are:
- For arbitrator dishonesty, partiality, or bias
- When no valid agreement was entered into that authorized the arbitration process
- When an issue that the arbitrator was not authorized to decide was ruled upon Awards are modifiable only if there was a miscalculation of figures, or a mistake in the description of the person, property, or thing referred to in the award.
How To Increase The Chances of Success in Arbitration
Since the arbitrator's award is final and binding, it is essential to prepare and present a case properly the first time around, because you won't get a second chance. The following strategies may help increase the chances of success.
Hire a lawyer. People have the right to appear themselves (pro se), but it's best to have a lawyer represent you at the hearing, particularly if the dispute involves a large amount of money or complicated legal questions. The familiar expression, "He who represents himself has a fool for a client," is certainly applicable in arbitrations. Seek the services of an experienced lawyer who is familiar with the intricacies of the arbitration process. Ask your prospective lawyer how many times she has represented clients in arbitration within the past several years. If the answer is "never" or "only a few times," look elsewhere for representation.
Prepare for the hearing. It is important that both you and your lawyer submit evidence to prove the case, so:
- Organize the facts - Gather and label all documents needed at the hearing so they can be produced in an orderly fashion.
- Prepare a checklist of documents and exhibits so nothing will be forgotten during the presentation.
- Make copies of all documents for the arbitrator and adversary.
- If some of the documents needed are in the possession of the other party, ask they be brought to the hearing or subpoenaed.
- Interview witnesses.
- Be sure that friendly witnesses will attend and testify; if there is a possibility that additional witnesses may have to appear, alert them to be available on call without delay.
- Select witnesses who are believable, who understand the case and the importance of their testimony, and who will not say things at the hearing to surprise you.
- Coordinate the witnesses' testimony so your case will seem consistent and credible.
- Prepare witnesses for the rigors of cross-examination.
- If a translator is required, make arrangements in advance.
- Prepare a written summary of what each witness will hopefully prove and refer to it at the hearing.
- Anticipate what the opponent will say to defeat your claim and be prepared to refute such evidence.
- Practice your story to put you at ease and help organize the facts.
- Prepare a list of questions your lawyer should ask the opponent at the hearing.
- Dress appropriately by wearing conservative business clothes.
- Act professionally and show respect for the arbitrator.
- Listen to the arbitrator's questions and instructions; never argue with the arbitrator.
- If a question is posed while you are speaking, stop talking immediately.
- Answer all questions honestly and directly.
- Avoid arguing with your opponent at the hearing; interrupt his presentation only where absolutely necessary.
Finally, most losing parties voluntarily comply with the terms of an unfavorable award. However, if you win and your opponent decides not to pay, you can enforce the judgment in a regular court. Speak to a lawyer for more details if applicable.
Copyright 1998 Steven M. Sack
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