After the parties agree or are ordered to arbitrate their case, the parties exchange pleadings to provide notice of all of the claims they will make in arbitration. If the Parties haven't already done so, they select their arbitrator.
Attorneys may compare this stage of the arbitration to the exchange of pleadings in a litigated case.
This stage is intended to last one month.
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At the Early Planning Conference, the arbitrator meets with the parties to create a orderly plan to conduct all necessary discovery. The Arbitator may also make temporary orders at the Early Planning Conference.
Attorneys may compare the Early Planning Conference to a temporary hearing and a scheduling conference in litigated cases.
The Early Planning Conference is scheduled approximately one month from the Commencement of Arbitration. The Parties than have three months to complete discovery.
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At this stage, the arbitrator meets with the parties again to resolve all matters preliminary to the Arbitration Hearing. The parties will present their witness lists, stipulations of fact, and evidence marked for introduction at the Hearing.
The Pre-Hearing Conference may be compared to a pre-trial conference and summary judgment hearing in cases litigated in court.
The Pre-Trial Conference takes place at the end of the discovery period. The Arbitration Hearing is scheduled approximately one month after the Pre-Hearing Conference.
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At the Hearing, the parties argue their respective claims and offer evidence in support to the arbitrator. It is a binding and adversarial proceeding.
The Arbitration Hearing compares to a courtroom trial.
The Arbitration Hearing continues day-to-day as long as necessary. Typically, Arbitration Hearings take less time than courtroom trials.
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The arbitrator's written decision is delivered to the parties.
The Arbitration Award compares to a judgment. The Award is a written decision by the Arbitrator that decides all claims at issue by outlining the Arbitrator's findings of fact and conclusions of law.
The arbitrator typically issues his or her Award within one month of the Arbitration Hearning.
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