Does the arbitrator want a pre-hearing brief?
My view of the arbitration process is that it works best when the Arbitrator arrives for the hearing fresh to the issue and the parties’ positions. I believe that there are two primary advantages to not receiving pre-hearing material, either in the form of a brief or other submissions. First, I see an advantage of getting the whole story at the hearing as opposed to getting part of the story through a pre-hearing submission and the rest of the story at the hearing. In my experience, receiving the whole story during the hearing makes it easier to keep an open mind to the information that is being provided. Second, the arbitration process is better served when all of the evidence and argument provided by an advocate is received by the Arbitrator in the presence of the other party. Thus, a pre-hearing brief is, in most cases, unwanted and at times inappropriate. However, a pre-hearing statement presented at the start of the hearing is acceptable, but not requested. Of course, there are ex
