When a construction dispute arises, the terms of your contract may require you to resolve the matter through arbitration. Here, your dispute is heard by one or more arbitrators who will render a decision that’s binding on the parties. While arbitration can be efficient, less expensive, and less complicated, it’s not a process that you shouldn’t take lightly. In fact, if you don’t adequately prepare for arbitration, then you’ll exponentially increase your risk of a bad outcome. You don’t want that to happen.
So, if you’re facing a construction dispute and find that your construction contract has an arbitration clause, then you need to ready yourself for the process ahead. But how do you position yourself for success in arbitration?
Tips for successful arbitration
You can increase your chances of succeeding at arbitration by fully preparing for the process ahead. This includes doing the following:
- Familiarizing yourself with applicable arbitration rules: There are a lot of rules that will apply to your arbitration. They’ll address everything from the qualifications of the arbitrators to discovery timelines, applicable evidentiary standards, and how testimony will be taken. If you don’t understand these rules, then you’re bound to stray from them, which could prevent you from presenting the compelling evidence needed to support your case.
- Diligently gathering evidence: You might hope that the arbitrators will take you at your word when you testify in your case, but that likely won’t be enough to persuade them to rule in your favor. Instead, you need to gather photographs, emails and text messages, written statements, witness testimony, and expert opinions to build your case. The more detailed and convincing your evidence is, the better of a chance you stand to secure the positive outcome that you want.
- Having prep sessions with your witnesses: Your witnesses need to be primed on what they’re testifying to before heading into your arbitration. Otherwise, they might make statements that are harmful to your case. Make sure you understand what they’re going to say so that you can frame their testimony appropriately and structure it in a way that’s as persuasive as possible.
- Anticipating the other side’s arguments: Even strongly developed cases can be devastated by the other side’s arguments, especially if you don’t know how to effectively counter them. If you can think through the facts of your case, though, and identify areas where you’re vulnerable to attack, then you can start thinking about ways to deflect those arguments or minimize their impact. So, as you start preparing for arbitration, put yourself in the shoes of the party across the table from you so that you know where you need to devote some of your attention.
- Drafting a strong prehearing brief: You can draft and submit a brief prior to your hearing with the arbitrators in your case. Here, you can weave the evidence together to tell a compelling story and justify why you should win under the law. You should devote an adequate amount of time and attention to your brief, as this is your first opportunity to persuade the arbitrators in your case.
Avoid blindly walking into your construction arbitration
Arbitration isn’t a place to improvise arguments or try out legal strategies on the fly. Doing so will likely result in a poor outcome that’s costly and harmful to your reputation. Instead, put in the work necessary to build a compelling case so that you can rest assured that you’ve done everything possible to protect your interests.