I. Introduction

Know the facts and issues in your case and how to arbitrate.

Successful advocates in arbitration understand that arbitration differs

from litigation, and that this is even truer when the arbitrator is a

construction industry professional. In such a case, the arbitrator is

already knowledgeable about construction principles and may even have

expertise in the particular type of dispute. Thus, it is essential for counsel

to “get up to speed” to present a convincing case. The arbitrator with

construction experience and expertise knows when the attorneys are

unprepared or lack an understanding of the facts and issues.

It also is critical to know the arbitral rules that apply. Judicial rules

of procedure and evidence are relaxed, unless the parties’ arbitration

agreement otherwise provides. Arbitrators who are construction

professionals appreciate attorneys who present a case consistent with the

arbitration rules rather than trying to turn arbitration into a courtroom

proceeding; they prefer to rely on arbitration’s key benefit—a quick

resolution at a lower cost.

II. Presenting a Thorough and Effective Case
 

A. Argue the Facts

Most decisions by construction arbitrators are fact-driven. Too often

attorneys focus their presentations on legal issues, failing to pay adequate

attention to the key construction facts in the case. For example, in a