What actually happens at the Arbitration hearing?
The Arbitration usually takes place in a lawyer’s office or at the neutral arbitrator’s office. The parties all meet in one room. The arbitrator sits at one end of the table and the parties sit on opposite sides of the same table. Witnesses are called, sworn and give testimony. Sometimes a court reporter will be present to take down everything that is said at the Arbitration. At the Arbitration, the normal rules of evidence are relaxed. For example, the hearsay rule is not normally enforced, although the arbitrator still wants to know that the evidence is trustworthy. Also, the rules on direct and cross-examination are relaxed, allowing for the most efficient presentation of testimony at the Arbitration. Witnesses are frequently called out of order, in order to accommodate schedules. The Arbitration may go longer one day and shorter another day, depending on who is available to testify. The Arbitration is conducted in a more informal setting than a trial and the parties may take whatev
