| Introduction | p. 17 |
| The Myth and Reality of Arbitration | p. 19 |
| Glossary | p. 23 |
| One Hundred Questions | p. 25 |
| The Arbitration Process and the Role of the Arbitrator | p. 28 |
| What is the Difference Between Binding and Non-Binding Arbitration? | p. 28 |
| What is The Difference Between Arbitration and Mediation? | p. 28 |
| When Do Parties Agree to Resolve a Dispute By Arbitration? | p. 29 |
| What If a Party to an Arbitration Agreement Files a Lawsuit Instead? | p. 29 |
| Do I Have to Be a Lawyer in Order to be an Arbitrator? | p. 30 |
| Why Do Some Cases Need More Than One Arbitrator? | p. 31 |
| Even If I Can Learn the Procedures, What About the Rules of Evidence? | p. 31 |
| What Questions Do I Ask About the Case When I am Appointed as the Arbitrator? | p. 33 |
| What Information Do I Disclose? | p. 33 |
| What Documents Do I Need to Review After I am Appointed? | p. 36 |
| May the Respondent File a Counterclaim? | p. 37 |
| Prehearing Procedures and the Preliminary Conference | p. 40 |
| How Do I Communicate With the Parties After I am Appointed? | p. 40 |
| I've Been Appointed and I've Made the Necessary Disclosures - Now What Do I Do? | p. 41 |
| Why Do I Need a Preliminary Conference? | p. 41 |
| What Procedure Do I Use to Initiate the Preliminary Conference? | p. 43 |
| Where Do I Hold the Preliminary Conference? | p. 43 |
| How Do I Conduct the Preliminary Conference? | p. 44 |
| Why Do I Need the Parties to Explain the Case at the Preliminary Conference? | p. 45 |
| How Do I Get the Parties to Conduct Prehearing Discovery If I Have No Authority to Enforce Discovery? | p. 46 |
| How Do I Determine a Discovery Schedule and Hearing Date? | p. 47 |
| What Other Matters Can Be Discussed at a Preliminary Conference? | p. 48 |
| Should I Inquire If There Have Been Any Attempts to Settle The Dispute? | p. 48 |
| Should I Participate In Settlement Discussions? | p. 49 |
| Why Not? | p. 49 |
| What If the Parties Ask Me to Attempt To Mediate the Dispute? | p. 50 |
| Is the Preliminary Conference Always Held in Person, or Can I Do It By Telephone? | p. 51 |
| How Do I Assure That the Parties Abide By the Agreed Prehearing Schedule? | p. 52 |
| How Do I Deal With Parties Who are Not Represented By Lawyers? | p. 52 |
| Prehearing Submissions, Subpoenas, and Discovery Disputes | p. 54 |
| What Type of Information Should the Parties Submit Before the Hearing? | p. 54 |
| How Do I Issue Subpoenas If the Parties Want to Subpoena Witnesses or Documents to the Hearing? | p. 55 |
| What Types of Discovery Disputes Might I Be Required to Resolve? | p. 56 |
| How Do I Decide Discovery Disputes? | p. 56 |
| What If Someone Upon Whom a Subpoena is Served Does Not Appear at the Hearing? | p. 57 |
| If the Hearing Concludes Before a Party Enforces a Subpoena, Does the Party Lose the Right to Hear the Testimony or Have the Documents Produced? | p. 57 |
| Conducting the Hearing | p. 60 |
| What are the Common Methods a Party May Use to Delay a Hearing? | p. 60 |
| How Do I Deal With Attempts to Delay the Hearing? | p. 60 |
| What Facilities Do I Need to Have a Hearing, and Where is the Best Place to Have It? | p. 62 |
| What Seating Arrangement is Used for the Hearing? | p. 62 |
| What is the General Procedure Used at a Hearing? | p. 63 |
| In General, How Do I Best Perform My Duties as an Arbitrator During the Hearing? | p. 64 |
| What is the Difference Between Argument and Testimony? | p. 65 |
| What Can I Do If I Believe an Opening Statement is Too Long? | p. 66 |
| Who is Allowed in the Hearing Room? | p. 66 |
| What About Witnesses That are Neither Parties Nor Necessary Persons? | p. 67 |
| What If the Parties Want the Witnesses In The Room and I Don't? | p. 67 |
| How Do I Avoid Improper Contact With the Parties During the Hearing? | p. 68 |
| How Do I Deal With Parties That are Not Represented By Counsel at the Hearing? | p. 69 |
| Does Arbitration Require a Court Reporter and a Transcript of the Proceedings? | p. 70 |
| Do I Need a Transcript to Arrive at My Decision? | p. 70 |
| If the Parties Ask Me If I Prefer a Court Reporter, What Do I Tell Them? | p. 71 |
| Should I Take Notes During the Hearing? | p. 72 |
| May I Question a Witness? | p. 72 |
| If It Appears There is an Important Question or an Issue That Both Parties Are Intentionally Avoiding, Should I Ask the Question or Raise the Issue? | p. 73 |
| Is There Anything I Should Not Do During a Hearing? | p. 73 |
| What If a Witness Becomes Sick and One of the Parties Wants to Postpone the Hearing? | p. 74 |
| What If the Respondent Fails to Participate in the Arbitration By Not Responding to the Arbitration Demand? | p. 74 |
| If the Respondent Fails to Appear at the Hearing, Does the Claimant Automatically Win? | p. 75 |
| Do Witnesses Testify Under Oath? | p. 75 |
| How is an Oath Administered to a Witness Testifying Through an Interpreter? | p. 76 |
| Evidence and Objections | p. 78 |
| Do I Need To Know the Rules of Evidence? | p. 78 |
| What are the Most Common Objections? | p. 78 |
| How Do I Resolve an Objection That Information is Not Relevant? | p. 78 |
| How Do I Resolve an Objection That a Question is Leading? | p. 79 |
| What is Hearsay? | p. 80 |
| How Do I Rule On Hearsay Objections? | p. 82 |
| What Does "Objection for Lack of Foundation" Mean? | p. 83 |
| Does the Person Who Wrote a Document Have to Testify About It Before I Can Consider It? | p. 83 |
| How Do I Rule On Objections to Documents? | p. 84 |
| What Other Types of Evidence May Be Offered at a Hearing Besides Testimony and Documents? | p. 84 |
| Are Summaries of Documents Proper Evidence? | p. 85 |
| What Weight Do I Give to Evidence? | p. 86 |
| How Do I Visit the Site of the Dispute? | p. 86 |
| Witnesses, Admission of Documents, and Closing Arguments | p. 88 |
| Can I Suggest to the Parties How They Should Present Their Case? | p. 88 |
| How Do I Deal With Hostile Witnesses? | p. 89 |
| How Do I Deal With Hostile Parties? | p. 89 |
| How Do I Deal With Hostile Attorneys? | p. 90 |
| What Should I Do If for the First Time at the Hearing I Recognize a Witness as Someone That I Know? | p. 91 |
| What is a Fact Witness? | p. 92 |
| What is the Difference Between a Fact Witness and an Expert Witness? | p. 92 |
| How Do I Know That a Witness is Really an Expert? | p. 93 |
| Do I Admit a Document as a Hearing Exhibit That a Party Did Not Give to the Other Party in Discovery and Did Not Include in the Exhibits Submitted Before the Hearing? | p. 93 |
| How Do the Parties Summarize What They Think They Have Proved After the Hearing? | p. 94 |
| Should the Parties Present Closing Arguments or Posthearing Briefs? | p. 94 |
| The Arbitration Award | p. 98 |
| How Do I Decide Who Prevails? | p. 98 |
| I am Looking at My Notes and I Cannot Remember What the Witness Looked Like How Can I Avoid This? | p. 98 |
| How Can I Understand the Legal Issues If I am Not an Attorney? | p. 99 |
| When Must I Have Render My Award? | p. 99 |
| What is the Form of My Award? | p. 99 |
| What If the Parties Request a Written Opinion Which Includes My Reasons for Making the Award? | p. 100 |
| Does the Non-Prevailing Party Pay the Prevailing Party's Legal Fees? | p. 100 |
| After the Award | p. 104 |
| When Are the Arbitrator's Duties Concluded? | p. 104 |
| What Should I Do With My Notes After I Render the Award? | p. 104 |
| What Should I Do With the Hearing Exhibits After I Render the Award? | p. 104 |
| May I Discuss My Reasoning With the Parties After I Render the Award? | p. 105 |
| How is an Arbitration Award Enforced? | p. 105 |
| How Does a Disappointed Party Challenge an Arbitration Award? | p. 106 |
| Getting Paid | p. 110 |
| How Do I Arrange Compensation for My Services? | p. 110 |
| How Do I Make Sure I am Paid? | p. 111 |
| What If the Parties Have Not Paid or Have Only Partially Paid In Advance When the Hearing is Concluded? | p. 111 |
| Conclusion | p. 112 |
| What is the Most Fundamental Principle of Being an Arbitrator? | p. 112 |
| This is Your Question! | p. 113 |
| Forms | p. 116 |
| Request for Preliminary Conference | p. 117 |
| Prehearing Order | p. 118 |
| Subpoena | p. 120 |
| Arbitration Award | p. 121 |
| Preview of the Companion Volume Basic Skills for the New Mediator | p. 122 |
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