Pre-Arbitration Prep

Initial meeting between the parties and the arbitrator


Pre-arbitration is the initial meeting between the parties in dispute and the mutually selected arbitrator. The purpose of a pre-arbitration is to discuss the details of the case including: the evidence to be submitted, the witness list, possible settlements, discovery, and number of days required for arbitration. The arbitrator may also give a basic format of how they conduct the arbitration hearing.

Be Prepared To Answer Questions

At pre-arbitration, the arbitrator and the other side will need answers to the following questions in order to prepare for the arbitration hearing:

  • Who will testify at the arbitration hearing?

  • What evidence will be presented at the arbitration hearing?

  • Have the parties agreed on the issues in dispute?

  • How much time will the arbitration hearing require?

  • Is there a possibility of settlement?


Pre-Arbitration Tips

  • Each team should have one person taking notes

  • Ask the arbitrator what is acceptable as far as leading questions and objections

  • Find out how the arbitrator likes evidence to be presented at arbitration

  • Watch ALL the arbitration and mediation videos prior to pre-arbitration

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