There is a common misunderstanding whereby it is presumed that it is harder and lengthier to go for arbitration than it is to go for litigation.
However the opposite can easily be true if you follow some guidelines and use arbitration in an effective manner. In fact, if done properly, you will find that arbitration will emerge as a much easier and cheaper alternative to the process of litigation, and that it needs to be done before opting for the latter.
The Hearing Schedule Needs to Be Expedited
When a case reaches the courtroom, it is no longer in the hands of the parties to decide the dates for its resolution. In the case of arbitration, there is more control over that aspect.
Usually when arbitration takes a very long time, it is because the parties to the case themselves express the desire for the hearing date to be set in the distant future, allowing them ample time for discovery in a protracted schedule.
However, it is advisable that the parties to the arbitration case ask for a short span of time, as it would not only still allow the parties enough time for discovery, but also save them a lot of money.
Expedite Process of Arbitration Through Alternatives
Although not many people do this, but if the case pertains to very minute matters such as a small sum of money, the parties can waive their right to discovery and hand over all legal power to the arbitrator to decide the case after consulting all the written documents which both parties submit to support their respective case.
Now, why would anyone want to do that? It’s because, this way, the hearing date is scheduled much quicker, as the case becomes simplified.
Ease the Pressure Off the Arbitrator
If the details of your case are highly complex, then it is best to offer some aid to the arbitrator, something which would help him or her understand your case in more detail.
A document booklet of sorts can be drafted and presented to the arbitrator, highlighting the issues pertaining to the case and allowing him or her a better understanding of the case.
Effective ways to make a convincing case for the arbitrator include arranging all the documentation in their correct, chronological order, and providing all old and new versions of the documentation to allow comparison between all case files.
The Opening Statement is Crucial
Of course, you will be presenting your own perspective about the case to the arbitrator, and this is a great chance for you to highlight all which you believe the arbitrator must know.
If it is a case seeking damages, for example, then you need to deliver all the details and documentations pertaining to the damages in order to give a proper insight to the arbitrator inside the case.
Bring Out the Smoking Gun
Whereas litigation has a lot more rules and regulations when it comes to evidence, arbitration gives a lot of leeway, even allowing the submission of evidence which, under the rules of litigation, is not allowed.
Hence, you need to carefully ascertain whether a piece of evidence is truly inadmissible or you simply believe it to be because it is inadmissible under litigation. Let the arbitrator be the judge of whether the evidence you’re submitted is good enough to strengthen your case.
Define What You Hope To Receive
Closing arguments are perhaps the most crucial in deciding whether your case will go in your favour or against you. To ensure you deliver a stunning closing speech, carefully identify and include only those points which you believe are the strongest ones in your case, and which need to be highlighted at the very end.
If you start delivering a summary, then your closing remarks won’t hold much weight as those important points won’t be emphasized as much as needed.
Also, it is very important to let the arbitrator know about your expectations with the reward if the case is awarded to you. This way, you can show to the arbitrator that you are handling everything in a professional manner.
Maintain Professionalism at all Times
This does not need to be said, but do avoid mocking the other party or uttering derogatory remarks. The arbitrator may not appreciate such behaviour.