Arbitration Brief Example In Franklin
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Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.
Arguments should flow easily from the relevant facts and applicable law. Avoid exaggerating the strengths of your case as well as disparaging the opposing side. Remember that professionalism and credibility are critical to persuasiveness.
For example, if an investor files a claim against his or her broker for $38,000, the panel may decide in the investor's favor, but only award $10,000. Arbitration decisions are binding and not subject to appeal, except under very limited circumstances.
Being disorganized, shuffling through papers, and stopping to make copies leaves a bad impression on the arbitrator and can affect how well you present your case.
In arbitration, you don't have to have a lawyer represent you (unless state law requires it), but it's important to know that arbitration is a final and binding process that can affect your rights. So, if you are considering representing yourself, it's a good idea to talk to a lawyer.
Firstly, arbitration does away with juries entirely, leaving matters solely in the hands of the arbitrator, who essentially acts as both judge and jury. From most individuals' and consumers' points of view, having a jury of their peers is an important right when seeking restitution of a claim.
If possible, avoid the use of technical jargon or "shop talk." Remember that the arbitrator may not know the details of your work or the Postal Service. However, if you must use "shop talk" to clarify a point, be sure to briefly define what you mean.
In general, a Request for Arbitration or a Notice of Arbitration must contain the names of each of the parties, the names of the parties' representatives, a description of the dispute giving rise to claims, a statement of the relief sought, a description of the agreement containing the arbitration clause, the choice of ...
The advocate's viewpoint of the case and exactly. how the advocate wants the arbitrator to rule. “The use of post-hearing briefs is quite common. Their purpose is to summarize and comment on. evidence and present legal argument.”
In conclusion, an effective opening statement will tell the arbitrator in a concise, courteous fashion exactly what the factual situation in the case is, what the issues are, how the advocate wants the arbitrator to rule on the issues, and exactly what relief is being requested.
