Oral Hearing
Any issue(s) are appropriate to be determined through an oral hearing.
When to use this service:
An oral hearing is appropriate for single issues, multi-issue matters and for full arbitration hearings.
Process:
A pre-arbitration conference call is required – timelines will be issued during at this time.
Parties shall exchange disclosure.
Questioning process is optional.
Oral evidence is required.
- A pre-arbitration conference is attended to determine any pre-hearing requirements (such as financial disclosure exchange, Questioning for discovery, expert reports, etc.), deadlines are set, and the oral hearing is scheduled
- The oral hearing begins, which can include opening statements by each party
- Party 1 presents their case. This includes personally presenting oral evidence (and supporting documentation), being questioned by the other side and the arbitrator. It can also include calling third party witnesses (such as certified business valuators, income determination experts, parenting/child experts, etc.)
- Party 2 presents their case, which includes personally presenting oral evidence (and supporting documentation), being questioned by the other side and the arbitrator. Witnesses can also be called
- Party 1 makes their argument orally, which may include answering questions about their case by the arbitrator
- Party 2 makes their argument orally, which may include answering questions about their case by the arbitrator
- Party 1 has a brief opportunity to respond to Party 2’s argument
- The Arbitrator will issue a binding written decision (an Arbitration Award)
Pricing:
Costs for an oral hearing depends on:
- the length of the oral hearing
- the hourly rate of the decision-maker selected (the arbitrator)
- the amount of supporting documentation submitted
- the amount of expert reports or witnesses
- the number of issues to be determined
- the complexity if the issues to be determined
Tips for Written Evidence & Argument
- Title the document, state your name, the other party’s name, and the children’s names and dates of birth (if applicable)
- Clearly state the results you are seeking and the evidence you are relying on to support the result you are seeking
- Do not refer to evidence that is not relevant to the result you are seeking
- Any page limits for submissions and supporting documents will be strictly enforced, and the arbitrator has the authority to disregard irrelevant submissions