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Published on August 17th, 2015 | by Personal Rights

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The Top 3 Mistakes Lawyers Will Make During Arbitration

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Over the last few years, arbitration — a type of alternative dispute resolution that allows lawsuits and other disputes to be solved outside the courts — has become an increasingly sought-after form of litigation.

In fact, more than 90% of all lawsuits today are resolved outside the courtroom, frequently ending in settlements. Because of this, it might be a good idea for you to seek out a lawyer who offers arbitration services for your planned legal case.

Unfortunately, when providing arbitration services, many lawyers are highly prone to making a series of mistakes while representing their clients. Here’s a look at the top three mistakes lawyers make during arbitration — and what they can do to avoid making these mistakes:

Misuse or overuse technology

In a shocking number of cases, lawyers will think they need to use fancy, brand-new technological aids for arbitration. While technology is undoubtedly a huge aid to us in everyday life, the truth is that PowerPoint presentations and electronic displays are often inefficient, time-consuming and can ultimately hinder the arbitration process. If the technology being used doesn’t help tell the client’s story, it likely isn’t needed.

Incorrectly cross-examining witnesses

Another common mistake lawyers make in the arbitration process is to attempt to use cross-referencing of witnesses as the main point of proof in a case. While cross-examination is undoubtedly a powerful legal tool, it should rarely, if ever, be used as the primary source of evidence.

Making it difficult for the arbitrator to rule in the client’s favor

Lawyers can make a number of slip-ups that make it difficult to impossible for the arbitrator to rule in their client’s favor. This can include a general failure to organize the case, inevitably resulting in the client’s story being lost in the overall shuffle of disorganization. If the arbitrator can’t empathize with the client, it’s unlikely he or she will win the case.

Have any other questions for us about class arbitration services, pre-litigation strategy, complex commercial disputes and other legal issues? Ask us anything. Simply leave a comment below to get the conversation started.


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