As the pandemic continues to overwhelm court dockets globally, several courts have turned to a method of dispute resolution known as court-ordered arbitration to manage the surge in lawsuits. This method seeks to resolve lawsuits without proceeding to trial, therefore easing the strain on the legal system. According to an article on JDSupra, legal professionals, including those working in corporate law firms and legal departments, must therefore prepare their cases appropriately for this efficient and increasingly popular process.
Court-ordered arbitration is often mandated by the court and involves a third-party arbitrator, who reviews the facts and issues a non-binding decision. It’s noted that this process can provide a quicker and less costly route to resolution than going to trial. However, the process also requires specific preparation to maximize the chances of a favorable outcome.
- The first essential step is a thorough review of all relevant documents, much like preparing for a trial. This review should encompass contracts, communications, statements, and any other pertinent materials.
- Additionally, the selection and preparation of witnesses are just as critical in arbitration as in a trial. Staging mock arbitrations, similar to mock trials, can be useful for preparing witnesses.
- Understanding the arbitrator’s experience and method can also greatly affect your case’s preparation. Part of preparing a case involves learning about the arbitrator’s past decisions, preferences during arbitration, and their approach to the process.
- Lastly, developing a clear and concise case presentation can play a crucial role in a successful outcome. This involves explaining why your client should prevail and also includes anticipating the opposing party’s arguments and preparing rebuttals.
Dedicating adequate time and resources to these essential steps will not only increase the chances of success, but also might be significant in managing the livelihoods of many businesses during these unprecedented times.
Dive deeper into the effective steps to take for preparing your case for court-ordered arbitration in the full article.