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Here are a few “arbitration advocacy” practice tips:

  • Don’t “jerk around” in discovery. .
  • “Meet and confer” efforts should be expeditious; meet and confer is the process, not the end.
  • Generally be forthcoming.
  • Assume that the arbitrator will see through any artifice.
  • DON’T use leading questions to any of your client’s witnesses.  The arbitrator needs to assess their credibility and open-ended questions are essential to provide the foundation for this essential task.
  • “Embellishment prose” weakens your argument. Avoid adverbs.