In arbitration, you don’t get a second chance.
There’s no surprise appeal waiting in the wings, no “we’ll fix it on retrial,” no jury you can charm into giving you a break.
Your hearing is your one and only shot to make your case — and the clock starts ticking the moment you step into the process. Arbitration can be faster, more streamlined, and less formal than court, but don’t mistake “less formal” for “less serious.”
Win or lose, the arbitrator’s decision (in binding cases) is final, enforceable, and will shape your legal and financial future.
And here’s the hard truth:
- The party that walks into arbitration more prepared increases their chances to a better outcome.
- Not the loudest speaker, not the one with the flashiest PowerPoint — the one who invested the time to know the rules, shape a clear story, curate solid evidence, anticipate counterattacks, and deliver it all with precision.
This guide lays out 20 things you need to know — practical, strategic, and psychological — to not just survive arbitration, but win it. Because at Bennett Legal, we don’t prepare for “good enough.” We prepare to leave the hearing with no doubts in the decision-maker’s mind.
Understanding the Stakes: Before Anything Else
To win in arbitration, you need to understand the battlefield you’re on.
It’s not court — but it is a legal proceeding with its own rules, timelines, and traps.
Finality Means No Safety Net
In binding arbitration, there’s no normal appeal route. The arbitrator’s decision is final except in extremely rare cases of fraud, bias, or gross procedural misconduct. That means every misstep — an overlooked piece of evidence, a poorly prepared witness, a weak cross-examination — could be impossible to correct later.
Arbitrator Discretion Rules the Day
Arbitrators aren’t bound by rigid courtroom evidence rules. They have wide latitude to decide what’s admitted and how much weight to give it. This can work in your favor — or against you — depending on how well you’ve tailored your case to their expectations.
A Compressed Timeline
Unlike court cases that can stretch over years, arbitration usually runs on a leaner calendar — sometimes just a few months from start to finish. You have less time to prepare, which makes early, structured planning critical.
Perception Is Half the Game
You’re not just selling facts, you’re selling credibility. Arbitrators notice preparation, organization, and professionalism. A party that looks scattered and unprepared signals weakness, even if their case has merit.
Bennett Legal Takeaway:
To win in arbitration, treat it like the most important (and last) day of your case — because it is. The stakes are high, the window is short, and the decision is final. Preparation isn’t optional; it’s the foundation of victory.
20 Things to Know to Prepare (and Win) an Arbitration Case
1. Know the Rules
Every arbitration organization (AAA, JAMS, ICC, etc.) has its own procedural rules covering deadlines, evidence, and hearing format.
Why It Matters: If you don’t follow the rules exactly, you risk losing procedural rights or having evidence excluded.
Pro Tip 💡: Print out the organization’s rules and keep them in your prep folder. Highlight deadlines — and meet them early.
2. Understand the Arbitrator’s Role
The arbitrator is your judge and jury combined, deciding the outcome based on your evidence and arguments.
Why It Matters: Knowing their background and how they approach cases helps you tailor your strategy.
Pro Tip 💡: Research your arbitrator — past career, industry experience, and prior case types — to match your presentation to what resonates with them.
3. Review the Arbitration Agreement Early
The contract dictates how arbitration will run — from venue to remedies to cost allocation.
Why It Matters: If you don’t know the limitations, you can’t plan a full strategy or challenge unfair terms.
Pro Tip 💡: Flag any restrictive clauses (like limited remedies or one-sided obligations) before you start building your case. Plan around them — or challenge them if possible.
4. Define Your Winning Narrative
Your case should be a story with a beginning, middle, and end — clear enough for the arbitrator to repeat back.
Why It Matters: A strong narrative makes evidence and testimony easier to follow and more persuasive.
Pro Tip 💡: Write your “case story” in three sentences. If you can’t explain it that simply, the arbitrator won’t remember it that clearly.
5. Curate Winning Evidence
Selecting documents, physical items, and testimony that directly support your claims and counter defenses.
Why It Matters: Quality beats quantity — arbitrators reward clear, relevant proof.
Pro Tip 💡: The art of evidence curation lies in knowing what the arbitrator needs to see versus what you want to show. Over-bundling or mislabeling key exhibits can lead to exclusion or confusion, a risk only minimized by experienced legal counsel.
6. Prepare Witnesses Relentlessly
Witnesses will carry parts of your story; how they deliver it matters.
Why It Matters: Nervous, unprepared, or contradictory witnesses undermine even strong proof.
Pro Tip 💡: Hold mock Q&A sessions before the hearing. Rehearse answering questions concisely and truthfully without speculation.
7. Leverage Expert Testimony
Experts explain complex or technical matters in terms arbitrators can understand.
Why It Matters: Technical disputes often hinge on expert credibility and clarity.
Pro Tip 💡: Choose experts who are both qualified and great communicators — and make sure they prep with full case context.
8. Use Demonstrative Aids
Timelines, diagrams, charts, and photos to illustrate complex facts.
Why It Matters: Visuals make complicated information digestible and memorable for arbitrators.
Pro Tip 💡: Keep visuals clean, accurate, and simple enough to grasp in seconds.
9. Anticipate Counterarguments
Preparing answers to the other side’s strongest points.
Why It Matters: Being blindsided in the hearing erodes confidence in your case.
Pro Tip 💡: Anticipating the opposition requires understanding their hidden strategy, not just their public filings. An expert eye can detect procedural traps and subtle legal pivots you won’t see until it’s too late.
10. Master Your Opening Statement
Your chance to set the tone, frame the issues, and engage the arbitrator immediately.
Why It Matters: A clear opening helps the arbitrator understand evidence in context.
Pro Tip 💡: End your opening by clearly stating exactly what you want awarded — be specific.
11. Deliver a Closing Argument That Connects the Dots
The final opportunity to tie your story directly to the evidence and desired outcome.
Why It Matters: Arbitrators remember the last thing they hear before deliberating.
Pro Tip 💡: Use the closing to retrace key issues and point to the exact evidence that proves them.
12. Control the Hearing Pace
Staying focused and efficient so time is used on high-value testimony and proof.
Why It Matters: Arbitrators appreciate parties who respect their time and keep the hearing productive.
Pro Tip 💡: Cut filler questions and avoid wasting minutes on marginal points.
13. Maintain Professionalism Always
Respecting the process, participants, and arbitrator from start to finish.
Why It Matters: Professional demeanor reinforces credibility and persuades neutrals.
Pro Tip 💡: Keep calm even when challenged — composure suggests confidence in your position.
14. Address Weaknesses Head-On
Acknowledging and explaining areas where your case is vulnerable.
Why It Matters: Avoiding weak points lets your opponent control the narrative.
Pro Tip 💡: Frame weaknesses within broader strengths — show how they don’t undermine your core claims.
15. Decide on Settlement Strategy
Knowing if you’ll consider settlement and when you might pivot to it.
Why It Matters: Well-timed settlement discussions can save resources and protect against unfavorable awards.
Pro Tip 💡: Identify settlement “trigger points” before the hearing — so you’re not making emotional decisions in the moment.
16. Be Clear on Relief You Seek
Defining exactly what outcome you want (damages, injunction, specific performance).
Why It Matters: Arbitrators can’t award what you don’t ask for — or ask for vaguely.
Pro Tip 💡: Put your requested relief in writing and ensure every part is supported by evidence.
17. Plan Post-Hearing Steps
Preparing for enforcement or compliance once the award is issued.
Why It Matters: Winning is meaningless if you can’t collect or act on the decision.
Pro Tip 💡: Have enforcement paperwork and procedural steps ready before the award arrives.
18. Consider Legal Representation
Hiring an attorney to handle preparation, presentation, and strategy.
Why It Matters: Skilled counsel knows procedural traps, persuasive techniques, and how to build arbitrator trust.
Pro Tip 💡: Even if you self-represent, invest in a legal consultation to refine your case plan.
19. Manage Costs Strategically
Planning your case to be efficient without cutting essential corners.
Why It Matters: Arbitration costs money; wasting resources on low-value battles hurts overall strategy.
Pro Tip 💡: Focus on issues that drive the award value — everything else is noise.
20. Stay Flexible But Prepared
Being ready for curveballs without losing focus.
Why It Matters: Adaptability shows composure and intelligence under pressure.
Pro Tip 💡: Have backup plans for witnesses, exhibits, and arguments — and keep them in a separate “plan B” folder.
20 Things is Just the Start. Translating these principles into a winning submission requires procedural knowledge, advocacy skill, and a focused strategy. Your single shot is too important to risk on self-representation.
Legal Representation in Arbitration
Arbitration allows self-representation — but “can” doesn’t mean “should.”
Arbitrators hold both parties to the same standards for presenting evidence, following procedure, and making arguments. Without legal training, it’s easy to miss critical steps or fail to challenge the other side effectively.
Why Having Counsel Matters
- Procedural Expertise: Lawyers know the rules cold — when to file motions, how to object to improper evidence, and how to protect your rights during the hearing.
- Case Strategy: Counsel can identify the most persuasive arguments, streamline your case, and anticipate the opponent’s playbook.
- Advocacy Skills: An experienced advocate knows how to present evidence, question witnesses, and use cross-examination to dismantle an opponent’s credibility.
Pro Tip 💡: Even if you plan to represent yourself, consult a lawyer before the hearing. An initial strategy session can prevent costly mistakes and give you a roadmap for success.
Mindset for Arbitration Success
Winning in arbitration isn’t just about your evidence — it’s about how you approach the entire process.
Respect the Process
Treat arbitration like court in terms of preparation, dress, and demeanor. Arbitrators notice when a party takes the process seriously.
Confidence Comes from Preparation
Confidence is built on readiness — knowing you’ve thought through every claim, defense, and likely question.
Adaptability Is Essential
Hearings can change in real time — witnesses may falter, evidence may be challenged, and schedules can shift. The party who stays composed and pivots quickly keeps the advantage.
Pro Tip 💡: Before the hearing, visualize different scenarios — including tough questions and objections — and plan your responses.
Preparation Wins Cases. Period.
Arbitration is your one shot — no appeals, no second hearings, no “do-over” if you leave evidence on the table.
The difference between winning and losing often comes down to preparation, clarity, and control.
From knowing the rules and shaping your narrative to curating evidence and keeping composure under pressure, these 20 things to know aren’t just tips — they are the foundations of arbitration success. At Bennett Legal, we are here to help you at every step of the way.
Whether your hearing is weeks away or you’re just learning about the arbitration process, we help clients prepare to win — from evidence strategy to closing arguments, with the confidence only experience can deliver.
Because in arbitration, there’s no room for “almost ready.” There’s ready … and there’s losing.
FAQs
Q1: Do I need a lawyer to win in arbitration?
No — but counsel dramatically increases your odds by tightening your case and avoiding procedural traps.
Q2: How soon should I start preparing?
Immediately. Arbitration moves faster than court, so every week counts.
Q3: Can I introduce new evidence during the hearing?
Only if rules and the arbitrator allow — late evidence risks exclusion.
Q4: How important is my opening statement?
Critical — it’s the framework that guides the arbitrator as they hear evidence.
Q5: What if the arbitrator seems biased?
Raise the concern with procedural motions early; bias claims after the award are rare and hard to prove.
DISCLAIMER: This article is for informational and educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Arbitration is a complex legal proceeding; you must not act or rely on this information without seeking professional advice tailored to your specific situation
