II. What Can You Do About It?
This seems like a lot to consider, in addition to the already large pile of considerations,…
It is important to note that, in some cases, all parties believe they have complicated…
First, all counsel, whether hoping for systematic or heuristic decision making, will…
Given the length of many arbitration hearings, and the fact that they are commonly…
Finally, all counsel can take steps to minimize the impact of unintended and harmful…
For those benefiting from more systematic decision making, there are a few tools…
Simplify the presentation in a way to ease the decision-making burden. First, organize…
Request a tribunal rather than agreeing to only one arbitrator. As juries do, tribunal…
Present the evidence as though you are presenting to a lay person and not an arbitrator.…
Prepare witnesses for giving evidence in the hearing, to the extent permitted by…
Write, speak, and show your evidence. Take advantage of multi-media evidence presentation…
Use framing and different styles of arguments to frame your case in terms of a gain…
Finally, consider conducting a mock arbitration. A formal mock arbitration differs…
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