What happens in an arbitration case?
An arbitration hearing is similar to a small claims trial. The participants present evidence and make arguments supporting their positions. After the hearing, the arbitrator decides in favor of one side or the other. An arbitrator is more like a judge, who hears the evidence and makes a ruling.
What is the purpose of an arbitration hearing?
The purpose of the arbitration hearing is to give each party a full and fair opportunity to present its case to the arbitrator.
Can a good advocate win an arbitration case?
Even the best advocate can’t win an un- winnable case. But for the many cases that could go either way, the quality of advocacy is often the decisive factor. Having conducted arbitrations for 22 years and observed both very good and very bad advocates, I have concluded that those who observe the following rules generally win their cases.
Can a party complain if the arbitrators did not hear a claim?
Each party must be allowed an opportunity to present the claims the party has in full.3 Where a party having a fair opportunity to do so fails to offer any evidence, the party cannot later complain that the arbitrators did not hear the party.4
What are the rights of a party to arbitration?
At the hearing, a party to the arbitration has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.1 Under the Revised Uniform Arbitration Act, an arbitrator may decide a request for summary disposition of a claim or particular issue.2.
What happens after the arbitrator issues an award?
Instead, if a party wins in the arbitration and the other party does not do what the award says, the winning party may go to court to “confirm” the arbitration award. Under AAA rules, parties to AAA cases agree that the arbitration award can be entered as a judgment in any federal or state court with jurisdiction.
How many arbitration cases have been filed since the postponement?
Since the postponement of in-person hearings, and as of April 30, 296 arbitration cases have conducted one or more hearings via Zoom (113 customer cases and 183 industry cases). There are 277 total joint motions for virtual hearings. (98 in customer cases and 179 in industry cases).
What to expect at an arbitration hearing for personal injury claims?
An arbitration hearing is similar to a small claims trial. The participants present evidence and make arguments supporting their positions. After the hearing, the arbitrator decides in favor of one side or the other.
What does an arbitrator do in a court case?
The arbitrator’s final decision on the case is called the “award.” This is like a judge’s or jury’s decision in a court case. Once the arbitrator decides that all of the parties’ evidence and arguments have been presented, the arbitrator will close the hearings.