Table of Contents
About the Author i
Foreword by Author iii
Chapter 1 What Is Alternative Dispute Resolution (ADR)? 1
Chapter 2 What Is Arbitration? 3
Chapter 3 What Is Mediation? 5
Chapter 4 Advantages of Arbitration 9
Chapter 5 Disadvantages of Arbitration 11
Chapter 6 How to Get Your Case to Arbitration 13
Both Parties Can Voluntarily Decide to Take Their Dispute to Arbitration 13
Dispute Resolution Clauses in Contracts 14
Chapter 7 Responses to Request for Arbitration 17
Chapter 8 Preparing for Your Arbitration Hearing 19
Pre-Hearing Discovery 22
Chapter 9 Do You Need an Attorney for Your Arbitration Hearing? 23
Chapter 10 Can You Choose Your Own Arbitrator? 25
Chapter 11 Qualification of Arbitrator 29
Chapter 12 Methods for Choosing an Arbitrator 31
Chapter 13 Preparing Your Witnesses 33
Chapter 14 Subpoenas 35
Chapter 15 Affidavits 37
Chapter 16 Site Visits 39
Chapter 17 Ex Parte Communication 41
Chapter 18 Postponement and Cancellation of Your Hearing 43
Chapter 19 Failure to Appear at Your Hearing 45
Chapter 20 Who Will Be at the Arbitration Hearing? 47
Chapter 21 What Will Happen at Your Arbitration Hearing? 49
Chapter 22 Your Conduct at the Hearing 51
Chapter 23 Burden of Proof 53
Chapter 24 Presenting a Winning Case or Defense 55
Elements of a Breach of Contract Case 55
Elements of a Personal Injury or Property Damage Case 56
Intentional Tort 56
Negligence 57
Defenses 57
Affirmative Defenses 58
Statutes of Limitation 58
Counterclaims 59
Chapter 25 Evidence and Testimony at
Your Hearing 61
Chapter 26 Making Objections at Your Hearing 63
Irrelevant 63
Argumentative 64
Hearsay 64
Leading Question 65
Narrative 65
List of Most Common Objections 66
Chapter 27 The Opinion and Award 67
Chapter 28 Appealing or Vacating the Arbitrator's Award 69
Chapter 29 Enforcing the Award 71
Appendix Sample Forms 73
Form 1 Notice of Election to Pursue Arbitration Based on a Contract Which Contains an Arbitration Clause 73
Form 2 Arbitration Agreement 74
Form 3 Binding Arbitration Agreement Form 77
Form 4 Stipulation of Settlement 79
Form 5 Subpoena (Witness) 80
Form 6 Subpoena (Witness) 81
Form 7 Subpoena Duces Tecum 82
Form 8 Subpoena for Production of Medical Records 83
Form 9 Affidavit of Service for Subpoena 84
Form 10 Contract for Arbitration Services 86
Form 11 Arbitration Award 89
Glossary 95
Index 115