Arbitrators, mediators, and conciliators must be able to clearly present and explain information, both orally and in writing, to opposing parties to settle disputes. Critical-thinking skills. Decision-making skills. Detail oriented. Interpersonal skills.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
How do you protect yourself when you have one arbitrator who's hearing your dispute instead of a jury trial? One, you need to probably seek legal counsel if you're in a dispute like this. Either the lawyer can help you behind the scenes, guide you through the process or represent you at the arbitration.
Attorneys licensed in California can join panels at local bar associations and gain experience arbitrating such disputes with little delay. Honing basic lawyering skills like research, writing, and trial advocacy can help aspiring arbitrators build a foundation from which to transition to a career as a neutral.
Make sure that the firms/organizations to which you choose to apply actually undertake arbitration work, or disputes work of some sort. Practical experience is important and you are much more likely to acquire arbitration experience if you join a firm that is active in the field.
Don't hold back key evidence — Sometimes, litigators leave the best evidence off the table in arbitration because they mistakenly believe it cannot be considered. The rules for admissibility are far more flexible in arbitration. Make sure you bring all relevant evidence to the arbitrator's attention.
Courts vary in requiring “mutuality” of agreement to submit claims to arbitration. That is, some courts require, as a condition of enforcement, that the employer agree to submit any clams it has against the employee to arbitration as well as requiring the employee to do so with claims against the employer.
"A dispute having arisen between the parties concerning , the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be one/three. The seat, or legal place, of arbitration shall be City and/or Country.
How To Prepare for Arbitration: 5 Essential Tips Prepare Witness Statements. preparation is crucial before entering into an arbitration hearing to present your case in the best possible manner. Prepare Exhibits. Consider Your Strategy. Attend Pre-Arbitration Conferences. Hire an Attorney to Help You Prepare for Arbitration.
Before the arbitration hearing each side should: organize their arguments; identify and organize documentary evidence and testimony that supports the arguments; and make sure they have complied with CRC 3.820 prohibiting ex parte communication with the arbitrator.