On writing the post-hearing arbitration brief. Using ADR methods to solve the dilemma when experts collide. When the hearing is over: writing arbitral awards in plain language
On writing the post-hearing arbitration brief
Post-hearing arbitration briefs can be an effective means of argument if they are written in a way which makes it easier for the arbitrator to decide in your favor. A cover page and table of contents can refresh the arbitrator as to important facts in the case. Parties should be clearly identified and a short history of the case included. State the contract sections being relied on and link them to the facts and arguments of the case. State your arguments clearly before rebutting the arguments of the opposing side. State clearly what outcome you expect from the arbitrator.
Author: Ray, Douglas E.
Interpretation and construction, Briefs, Legal briefs
Using ADR methods to solve the dilemma when experts collide
Evidence from expert witnesses can be contradictory and difficult to understand when presented during trials, but dispute resolution, because its procedures and rules are more flexible, can resolve much of the confusion. Opposing experts can be questions together. This way they can be asked the same questions, one issue can be discussed fully at one time, contradictions can be discussed as they come up and the experts can respond to each other' statements.
When the hearing is over: writing arbitral awards in plain language
Arbitrators often struggle with composing their decisions. The two basic principles of award writing are communication and clear thought. To ensure good communication with the reader, arbitrators should: compose a strong first sentence, keep sentences short, use the active voice, avoid sex-specific references and consider the reader's point of view.
Subjects list: Methods, Legal composition, Dispute resolution (Law)
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