How do you prepare for an arbitration hearing effectively?

1 Review the contract and the arbitration clause

The first step in preparing for an arbitration hearing is to review the contract and the arbitration clause that governs the dispute. You need to understand the scope, terms, and conditions of the contract, as well as the rules and procedures of the arbitration process. For example, you should check if the arbitration is binding or non-binding, if there is a choice of law or venue, if there are any limitations on discovery or damages, and if there are any fees or costs involved. You should also identify the main issues and arguments of the dispute, and how they relate to the contract and the arbitration clause.

2 Gather evidence and witnesses

The next step is to gather evidence and witnesses that support your position and refute the other party's claims. Evidence can include documents, records, emails, invoices, receipts, photos, videos, or any other relevant information that proves or disproves a fact or an allegation. Witnesses can include parties, employees, experts, or third parties who have direct or indirect knowledge of the dispute. You should organize your evidence and witnesses in a logical and persuasive way, and prepare summaries, exhibits, and statements that highlight the key points.

3 Prepare your case presentation

The third step is to prepare your case presentation, which is the oral and written argument that you will make to the arbitrator or the arbitration panel. Your case presentation should include an opening statement, a factual and legal analysis, and a closing statement. Your opening statement should introduce yourself, your position, and your main arguments. Your factual and legal analysis should explain how the evidence and witnesses support your position and refute the other party's position, and how the contract and the arbitration clause apply to the dispute. Your closing statement should summarize your position, your arguments, and your requested relief.

4 Anticipate questions and objections

The fourth step is to anticipate questions and objections that the arbitrator or the arbitration panel may have about your case presentation, and prepare responses and rebuttals. You should also anticipate questions and objections that the other party may raise, and prepare counter-arguments and evidence. You should practice your responses and rebuttals, and make sure they are clear, concise, and respectful. You should also be prepared to adapt your case presentation to any new information or developments that may arise during the arbitration hearing.

5 Follow the arbitration rules and etiquette

The fifth step is to follow the arbitration rules and etiquette that apply to the arbitration hearing. You should familiarize yourself with the arbitration rules and procedures, such as the format, the timing, the order, the evidence, the witnesses, the objections, and the awards. You should also follow the arbitration etiquette, such as dressing professionally, being punctual, being courteous, being attentive, being honest, and being cooperative. You should avoid any behavior or communication that may be seen as disrespectful, disruptive, or unethical.

6 Seek legal advice and assistance

The sixth step is to seek legal advice and assistance from a qualified and experienced contract management professional or lawyer who can help you prepare for an arbitration hearing effectively. A contract management professional or lawyer can help you review the contract and the arbitration clause, gather evidence and witnesses, prepare your case presentation, anticipate questions and objections, follow the arbitration rules and etiquette, and protect your rights and interests. A contract management professional or lawyer can also help you negotiate a settlement before or during the arbitration hearing, if possible and desirable.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?