Strategies for Successful Arbitration Advocacy

Arbitration advocacy is a complex practice that requires an attorney to have a clear understanding of the applicable law and the strengths and weaknesses of their client’s case. While arbitration is often favored over litigation for its efficiency and cost savings, the stakes remain high and advocating for the best possible outcome requires a well-defined strategy. The following are strategies for successful arbitration advocacy.

Know Your Client’s Case

The first step for successful arbitration advocacy is to gain an intimate knowledge of the facts of the case and the law that applies. This involves collecting and analyzing all relevant documents and evidence, researching any applicable case law, and speaking with the client to gain a thorough understanding of their expectations and desired outcome.

Choose the Appropriate Forum

The choice of forum is a critical factor in the success of a case. In addition to selecting a forum that is geographically convenient and whose rules are favorable to the client, it is important to select a forum in which the arbitrators are knowledgeable in the subject matter of the dispute.

Presentation of Evidence

The presentation of evidence is an important part of any successful advocacy strategy. It is important for the attorney to remain organized, conveying the facts concisely and clearly. This includes organizing and introducing evidence in a way that is easily understood by the arbitrators. Additionally, the attorney should be prepared to address any objections or arguments made by the opposing counsel.

Negotiation

Negotiation is an important part of the arbitration process, and the attorney should be prepared to negotiate in a manner that is beneficial to the client. This involves understanding the strengths and weaknesses of the client’s case as well as the opposing party’s case, and crafting a strategy that is beneficial to the client.

Closing Argument

The closing argument is the attorney’s opportunity to summarize the case and explain why their client should prevail. The attorney should be prepared to make a persuasive and well-reasoned argument that is tailored to the facts of the case and the applicable law.

FAQs

What is arbitration advocacy?

Arbitration advocacy is the practice of advocating for a client in an arbitration proceeding. This involves collecting and analyzing evidence, understanding the applicable law, and presenting a persuasive argument to the arbitrators.

What makes for successful arbitration advocacy?

Successful arbitration advocacy involves having a thorough understanding of the facts of the case and the applicable law, selecting an appropriate forum, presenting evidence in an organized and concise manner, negotiating skillfully, and making a persuasive closing argument.

What should I consider when selecting a forum?

When selecting a forum for arbitration, it is important to consider factors such as the applicable rules, the geographic convenience, and the expertise of the arbitrators.

What is the role of negotiation in arbitration advocacy?

Negotiation is an important part of the arbitration process and can lead to a beneficial outcome for the client. The attorney should be prepared to negotiate skillfully and understand the strengths and weaknesses of both the client’s and the opposing party’s case.