Purpose
The purpose of the Arbitration Hearing is to give the attorney for each side an opportunity to present all evidence on his/her client’s behalf, and to cross-examine the opposing parties to the lawsuit. It is hoped that the Arbitration Hearing will resolve the lawsuit; however, each side has an opportunity to appeal the decision of the arbitrators and request a trial.

Arbitration Procedure

1. A panel of three attorneys are selected as arbitrators for your case.
2. Each party will have an opportunity to testify under oath.
3. Expert reports, including physician reports, may be reviewed by the arbitrators instead of having experts come to the hearing to testify.
4. After reviewing the evidence, the arbitrators will decide the case and mail out their decision.

Instructions for Your Appearance & Testimony

1. Dress should be appropriate for a court appearance.
2. It is imperative that your testimony be both truthful and straightforward.
3. Remain calm, speak slowly and clearly.
4. Don’t’ be intimidated by the legal proceedings or the other attorneys.
5. Let the attorneys finish the questions before you begin your answers.
6. If you don’t understand the question, ask that it be explained.
7. Answer only the questions asked.
8. NEVER VOLUNTEER any information. Wait until the question is completed — answer it and STOP.
9. Stick to the facts and testify only to that which you personally know.
10. If you don’t know the answer, admit it. Don’t guess at any answers. Some individuals think they should have an answer for any question asked. You cannot know all the facts and you do yourself a disservice if you attempt to testify to facts with which you are not acquainted.
11. If your attorney objects to a question, STOP TALKING. Wait for your attorney to advise as to whether you should proceed with your answer.

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