Can a party harm its own case curing arbitration proceeding?
Answer Thank you for your question! As I always mention to questioners, mediators act as neutral third parties to disputes and never “get involved” in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement. In my experience there is a wide variety of arbitration customs and procedures. I have have seen more differences than similarities across venues, industries and states. A party can certainly harm its own case in an arbitration. Some arbitrations are more like a mini-trial. In these venues you should be prepared to argue your position and potentially to refute the other sides’ argument. Other arbitrations are more of a negotiation and can take on more of a character of “splitting the difference”. You will be wise to speak with people who have participated with the particular process before to get clues about how things are likely to be conducted–and prepare accordingly. In all my answers, and for your infor
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