Advocacy In Arbitration: 5 Tips From An Arbitrator On How To Present Your Case.

I used to think that judges had it so easy. That all they had to do was read the briefs, listen to the arguments, and make a decision. Only after I started serving as an arbitrator did I understand how hard it is to be the one responsible for making a decision. Not only that, I realized advocates did not always ask or answer the questions that would elicit the most critical information to making that decision.

Serving as an arbitrator has made me a better advocate – from understanding what matters in a case to better using the tools at my disposal to highlight those critical substantive facts and credibility determinations. Here are the top five lessons I've learned so far. ¹

1)Know the rules of the road. The first step always involves understanding the forum, the laws governing it, and how to procedurally maneuver from the starting point to the result your client wants. In almost every arbitration I'm involved in, at least one of the advocates has either a). not