NCJ Number
98943
Date Published
1984
Length
11 pages
Annotation
This guidance for arbitrators in conducting hearings addresses preliminaries, procedural considerations, opening, objections, closing, questions, decorum, and arbitrator conduct.
Abstract
Prehearing considerations include avoiding discussion of the merits of the case with either of the parties, setting hearing dates, receiving materials from the hearing dates, receiving materials from the parties prior to the hearing, being on time for the hearing, and orienting the parties to the hearing. Procedural considerations reviewed encompass ex parte hearings (one party not represented at the hearing), the attendance of outside observers, authority to swear in witnesses, and the sequestering of witnesses. Matters pertaining to the opening of the hearing concern a statement of the issue to be determined, the order of case presentation, and setting the stage for parties' opening statements. Guidance for dealing with objections focuses on initial response to an objection, ruling on objections, and ruling on evidence objections. Advice on the hearing closing pertains to the order of closing arguments and posthearing briefs. After commenting on the arbitrator's use of questions to facilitate factfinding, the author advises arbitrators on setting hearing decorum and personal conduct during the hearing.