Concluding the Hearing - Chapter 14 - Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators
Rocco M. Scanza and Jay E. Grenig both serve on the American Arbitration Association's labor panel.
Mr. Scanza is an Attorney, Arbitrator and Mediator of labor and employment disputes. He is also the Executive Director of Cornell University's Scheinman Institute on Conflict Resolution, where he teaches courses in workplace alternative dispute resolution. Mr. Scanza was formerly a national Vice President at the American Arbitration Association. He graduated from Queens College in New York City and Loyola Law School of Los Angeles. He lives and works in Ithaca, N.Y.
Mr. Grenig is a Professor of Law at Marquette University Law School. He has served as an arbitrator or mediator in over 2,000 labor and employment disputes. A member of the National Academy of Arbitrators, the American Law Institute, and the Order of the Coif, Mr. Grenig is also a fellow of the College of Labor and Employment Lawyers. He formerly chaired the Labor and Employment Law Section of the Association of American Law Schools and served as a consultant to the National Commission on Employment Policy. He has written or co-written numerous books and articles.
§ 14:01 GENERALLY
After the party who presents its case-in-chief last completes its presentation of evidence, the parties have an opportunity to present rebuttal evidence. When the last party presents its evidence, this is the end of the presentation of evidence in the hearing.
At the conclusion of the hearing arbitrator must ask of all parties whether they have any further proofs to offer or witnesses to be heard.1 Upon receiving negative replies or if satisfied that the record is complete, the arbitrator declares the hearing closed. If briefs are to be filed, the hearing is declared closed as of the final date set by the arbitrator for the receipt of briefs. If documents are to be filed and the date set for their receipt is later than that set for the receipt of briefs, the latter date is the closing date of the hearing.2 The time limit within which the arbitrator is required to make the award commences, in the absence of other agreements by the parties, upon the closing of the hearing.
Your closing argument or post-hearing brief is the last opportunity to persuade the arbitrator. In your closing argument or brief, you emphasize favorable evidence, rebut the other party’s contentions, suggest ways the arbitrator can resolve conflicting evidence, explain the principals involved, and show why you are entitled to a decision in your favor.
Under the Commercial Arbitration Rules of the American Arbitration Association, if the parties agree or the arbitrator directs that documents or other evidence be submitted to the arbitrator after the hearing, the documents or other evidence are filed with the AAA for transmission to the arbitrator.3 All parties must be afforded an opportunity to examine and respond to such documents or other evidence.