4.1 Hearing Structure

 

 

Arbitrators have the authority to conduct dispute resolution hearings as they see fit, but proceedings generally flow as follows:

  1. Arbitrator handles introductions
  2. Parties are sworn in or affirmed
  3. Arbitrator considers preliminary matters and procedural issues, such as service of documents
  4. Applicant presents evidence
  5. Respondent challenges applicant’s evidence through cross-examination
  6. Respondent presents evidence
  7. Applicant challenges respondent’s evidence through cross-examination
  8. Applicant makes closing argument
  9. Respondent makes closing argument
  10. Arbitrator concludes the hearing

Most dispute resolution hearings are scheduled for one hour, though arbitrators have discretion to extend a hearing beyond that length of time and/or adjourn it to a later date. It is important to remember that you are entitled to procedural fairness at dispute resolution, which includes the right to be heard. If an arbitrator attempts to end your hearing prematurely, without giving you adequate time to present your evidence and otherwise argue your case, you can request that the hearing be extended or adjourned.

 

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