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Page 2 of 25 |
What is the difference between an arbitration and a trial? |
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| In arbitration the case is heard by one or more arbitrators. There is no jury. There is no formal discovery, although the parties may agree to have discovery or the rules of the arbitration may permit discovery. The arbitrator has the power to subpoena witnesses or records, which can substitute for discovery in certain circumstances. The formal rules of evidence do not apply, unless the parties have agreed otherwise. In general, there are no pre-hearing motions. An arbitrator has the power to decide pre-hearing motions, and he will if he believes that they are likely to lead to a speedier resolution of the case. |
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