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.