Arbitration Advice

[La Toya Youngblood]

I've never done an arbitration, and I have 3 back to back on Monday. Can anyone tell me about the procedures or anything special that I need to know. I'd appreciate anything. Thanks.

[Deborah M.]

Well, the first few times I did an arbitration, my nerves almost did me in, but now it's fine. I like doing them because you get an extra per diem plus USUALLY, not always, the arbitrator will keep people in line. I always try to set up as close to the arbitrator as possible because everyone will be speaking towards him/her. A couple times I've had them try to stick me in a corner somewhere and I just explain that since everyone will be turned towards the arbitrator, I won't hear a word and they won't have a record.

Find out how the arb wants to be addressed in the transcript -- ARBITRATOR SMITH, THE ARBITRATOR, THE REFEREE, THE COURT -- whatever because IME, they're all different.

Find out how they're going to handle the exhibits. Most of the time I don't get copies and it's hard to do a description in the index when they don't describe it well. I try hard to get copies because it helps a lot with names too.

I really try to get there as early as I can to set up but at the same time, sometimes it doesn't help if the arb isn't there yet so you don't know where he/she is going to sit.

If they do opening statements, it can be very tiring because they can talk for a couple hours straight, depending on the subject matter.

I'm sure you'll get lots of good advice here. That's all I can think of right now! Don't stress yourself out. I've done arbitrations with panels of three judges. It's not too bad -- just make sure you figure out your arbitraries ahead of time and make a seating chart.

[La Toya Youngblood]

That's great advice and a lot of what I didn't know. Thanks for the reply. I hope it goes smoothly!

[Rachel Gard]

It's almost like a mini trial. In my area of the country (Chicago), they're not as formal as a trial in court, even the larger ones. Usually there's either one arbitrator or a panel of three. That may be different where you are. There's motions, opening statements, witnesses, and closing arguments just like a trial. I actually like arbitrations. They're usually written O/2 here if they're larger ones, not the mandatory arbs for car accidents. Hope that helps!

Rachel

[La Toya Youngblood]

From the info I was given, I think there should be one. But that's more great advice. Thanks.