sujatha
(law student)
01 April 2018
The process of arbitration is overseen by a professional arbitrator, who facilitates communication between two sides of a dispute. An arbitrator may or may not be an attorney, and many retired judges take positions as arbitrators. Often the most effective arbitrators have knowledge of, and experience in, the subject of the disputes they hear. For instance, an employment law attorney, or retired administrator in the state�s employment division, may be effective in resolving an employment dispute.
The arbitration process begins when one party files a claim, detailing the dispute, including the individuals or entities involved, dates, and type of relief sought, whether monetary, interest, or specific performance. The party filing the claim is called the �Claimant,� and the party against whom the claim is filed is called the �Respondent.� The Respondent then files a written Answer, specifying the facts and defenses to the stated claim.
An Arbitrator is then selected by the parties. This may be a single arbitrator the parties have approved of, or an arbitration panel, usually made up of three or more arbitrators, to which the parties have agreed.
The arbitration process then proceeds much in the same manner a court case would, with a prehearing conference, which may occur by phone, and �discovery,� which is the exchange of documents, information, and evidence between the parties.
The format of the arbitration hearing is similar to that of a trial, however the setting is substantially less formal. The hearing typically takes place in a conference room, either at the arbitrator�s office or at the offices of one of the parties, the parties, their attorneys, the arbitrator, and a court reporter sitting around a large table. Because arbitration hearings often span several days, and may last weeks, frequent breaks are taken.
Testimony is heard by the parties and their respective witnesses, with cross examination allowed. Additional evidence, in the form of testimonials, documents, or other items may be submitted, and expert witnesses may testify. After all testimony has been heard, and all evidence submitted, the attorneys make closing arguments. After the hearing, the arbitrator, or arbitration panel, considers all of the evidence and makes a decision, notifying the parties, usually in 30-90 days.