Pre-Arbitration Prep

Overview

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