How Do you - Use the Arbitration Process

Arbitration is an alternative to litigation and unlike mediation, it is binding upon the parties, once the arbitrator has made a decision. The parties will present their evidence to the arbitrator, who after listening to each side, and examining all the documentation and evidence, will decide the case.

Discovery (access to the others documentation etc) may sometimes be allowed but this will be up to the arbitrator at the time. The arbitration hearing is similar to a mini trial in that each party is allowed to make their opening statements and then present their case.

Witnesses may be called and they can be cross examined by the other party. After each of the party has presented their case they are given the opportunity to rebut whatever has come from the other, and present further information if they so desire. At the end of the process the parties are allowed to make a closing argument.

The good thing about arbitration is that the normal rules of evidence which exist in a court do not apply. Therefore the arbitrator can weigh up all the evidence and make a determination according to the weight of evidence that has been presented.

Once the arbitra...