Hi, I have never done an arbitration hearing before. Any advice for a simple MVA case? Do I just start with an opening statement and then question the other party with leading questions supporting my case? Any advice is appreciated.
Arbitrator here, most attorneys do not do opening, if you’re plaintiff, you would typically call your client first and establish liability and damages. You can call other party if you feel you need to to establish liability. Hopefully you have an expert report and medical bills to establish your claim. All exhibits must be submitted to the arbitrator in the Arbitration brief, which is typically submitted one week prior to the hearing.
Thanks. I represent the defendant. I have a medical expert report, Plaintiff doesn’t have one. Liability and damages are highly disputed. The nature of the case is one that required a liability expert, which Plaintiff didn’t disclose.
Long time arbitrator here from the 1990s when the program began. Plaintiff has the treating docs so do they need an additional expert. Don’t think so. Plaintiff needs a liability expert? Again don’t think so. The onus is on the defense to contest the medical treatment or might be deemed waived. Bad rule and cases but that is the status of the law. I always view MVA cases is what would a reasonable jury would award. Defense awards are rare in arbitration but they do occur in really bad cases. In the hundreds of cases I have handled I only got it wrong three times. Most arbitrators take their role very seriously. It is a good system that gives the parties a look/see by a third party neutral. ADR has been a blessing. It used to take too many years to get a jury trial on fender benders. Now they get heard and done in a year.
To clarify, the allegation is that there was a failure to maintain/inspect an aspect of the vehicle which caused the incident. That does not require a liability expert? My client produced maintenance/inspection records showing no issues. Only cause of action is negligence.
If your client was operating a commercial vehicle that requires specialized inspections, like an 18-wheeler or something, then a liability expert might be very helpful. But probably not legally “required” in my opinion-there are VERY few times a liability expert is truly required, as in must be dismissed, outside of malpractice cases.
If this is a regular MVA and your client was driving a non-commercial class C style vehicle, then anyone with a driver’s license knows what the maintenance and inspection standards are. A liability expert would be of very little value when a lay juror should understand the duty and breach standards.
You are going to argue that the maintenance records showed no issues, I suspect the plaintiff’s attorney will argue otherwise. The arbitrator will try your arguments to determine the facts.
My last piece of advice, don’t be afraid to tell the arbitrator that this is your first arb and that you might need some help with the procedure of the actual arbitration. In my experience they are good lawyers who want justice to be done and aren’t going to get wrapped up on formality.
That’s like 85% of arbitrators. I remember when they were touting the success of arbitration programming in the civil bench bar last year. They said something like 80% of cases settle before arbitration (which they should if people are being reasonable because most are low value cases). But then of the 20% that actually went to arbitration the vast majority of those were de novo’ed. Which is a great indication that the awards of general damages and attorney’s fees by PI friendly arbitrators are so bad that an insurance company would rather do a short trial and pay the cost of an expert(many use video taped depos in lieu of actual appearance)/trial exhibits/keeping the liability on the books. I know multiple auto insurance attorneys from Progressive, GEICO, State Farm, etc. that regularly defense plaintiffs at short trial–not by winning outright, but by beating their own reasonable OOJs. The most broken thing about the arbitration process is how biased some of these solo practitioner PI arbitrators are in their general damages rulings.
In my experience about 3/4 arbs are undisputed liability MVA cases. In that situation, the arbitration from my perspective is essentially a mediation with some teeth in it. I give my award, which is usually designed to make sure the case settles right after, which my cases do almost all of the time. If it is a premises liability case or disputed liability arb, then that’s a different story.
Prior to the rules change a couple of years ago that was the case, but now you cannot de novo on liability if you did not contest it at arbitration, so we see a lot less of that since then.
The plaintiff has the burden, but the rules of evidence are relaxed. If you have meds that state causation, etc. you are probably good to go as far as the garden-variety non-exotic cases are concerned. Liability expert/reconstructionist might be important in some cases. Or you might want a med expert if there is a *legitimate* issue re prior injuries, but don’t waste time if someone had a sore neck six years ago. That carries little weight.
Different approaches by different arbitrators. My style is a relaxed semi-trial. Opening statements are often waived since the parties have already provided me a brief. Call your client and witnesses. I allow cross examination. Rest, and then onto defendant’s witnesses.
Objections can be sustained, but evidentiary rules are somewhat relaxed. I am active in moving things along. Typical MVA can be done in less than 2 hours, sometimes in 1 hour. Newer attorneys tend to want to drag things out. I will try to redirect the questioning or may ask questions myself. Keep in mind there is no jury, the object and purpose is an early resolution at a low cost in money and time.
I’ve been an arbitrator in several hundred cases. Opening is waived at least 19/20 times, probably more. I always tell the parties that the lawyers have submitted comprehensive briefs and so I already know quite a bit about the case. That way they aren’t concerned if nobody starts the story back at the time that the earth cooled. Get right to it.
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Anonymous
August 25, 2026 10:41 am
“Wave of anti-money laundering sanctions”
Hey, Its Vegas, baby!
Although not a popular opinion, it was the skim and money laundering possibilities that made Las Vegas. The veneer of corporate ownership did change things…but not completely.
years ago, my law partner and I had a day-long debate with our associate about whether Dolly Parton or Whitney Houston was the most iconic American diva. My law partner and I were firmly Team Dolly. And who wouldn’t be? She was a prolific songwriter (over 3,000 songs!), a fantastic singer, a good actor, and a force for good in the world. We were lucky to have her.
Dolly is a queen and by all accounts a good person. She may have had to be a little pushy coming up in a man’s world; but diva carries some mercurial connotations that makes the debate lean back in Whitney’s direction. Fascinating discussion to be sure.
Hi, I have never done an arbitration hearing before. Any advice for a simple MVA case? Do I just start with an opening statement and then question the other party with leading questions supporting my case? Any advice is appreciated.
Arbitrator here, most attorneys do not do opening, if you’re plaintiff, you would typically call your client first and establish liability and damages. You can call other party if you feel you need to to establish liability. Hopefully you have an expert report and medical bills to establish your claim. All exhibits must be submitted to the arbitrator in the Arbitration brief, which is typically submitted one week prior to the hearing.
Thanks. I represent the defendant. I have a medical expert report, Plaintiff doesn’t have one. Liability and damages are highly disputed. The nature of the case is one that required a liability expert, which Plaintiff didn’t disclose.
Long time arbitrator here from the 1990s when the program began. Plaintiff has the treating docs so do they need an additional expert. Don’t think so. Plaintiff needs a liability expert? Again don’t think so. The onus is on the defense to contest the medical treatment or might be deemed waived. Bad rule and cases but that is the status of the law. I always view MVA cases is what would a reasonable jury would award. Defense awards are rare in arbitration but they do occur in really bad cases. In the hundreds of cases I have handled I only got it wrong three times. Most arbitrators take their role very seriously. It is a good system that gives the parties a look/see by a third party neutral. ADR has been a blessing. It used to take too many years to get a jury trial on fender benders. Now they get heard and done in a year.
To clarify, the allegation is that there was a failure to maintain/inspect an aspect of the vehicle which caused the incident. That does not require a liability expert? My client produced maintenance/inspection records showing no issues. Only cause of action is negligence.
Don’t get legal advice from anonymous users on an internet forum.
This is absurd.
It’s a travesty of a mockery of a sham of a mockery of a travesty of two mockeries of a sham.
a shamockery, if you will
Now I want the laughing emoji instead of just the thumbs up/thumbsdown.
My not advice take is:
If your client was operating a commercial vehicle that requires specialized inspections, like an 18-wheeler or something, then a liability expert might be very helpful. But probably not legally “required” in my opinion-there are VERY few times a liability expert is truly required, as in must be dismissed, outside of malpractice cases.
If this is a regular MVA and your client was driving a non-commercial class C style vehicle, then anyone with a driver’s license knows what the maintenance and inspection standards are. A liability expert would be of very little value when a lay juror should understand the duty and breach standards.
You are going to argue that the maintenance records showed no issues, I suspect the plaintiff’s attorney will argue otherwise. The arbitrator will try your arguments to determine the facts.
My last piece of advice, don’t be afraid to tell the arbitrator that this is your first arb and that you might need some help with the procedure of the actual arbitration. In my experience they are good lawyers who want justice to be done and aren’t going to get wrapped up on formality.
Good luck!
Better hope you don’t get 1103 as your arb, since he sounds like he just awards plaintiffs money and the burden is all on the defense.
That’s like 85% of arbitrators. I remember when they were touting the success of arbitration programming in the civil bench bar last year. They said something like 80% of cases settle before arbitration (which they should if people are being reasonable because most are low value cases). But then of the 20% that actually went to arbitration the vast majority of those were de novo’ed. Which is a great indication that the awards of general damages and attorney’s fees by PI friendly arbitrators are so bad that an insurance company would rather do a short trial and pay the cost of an expert(many use video taped depos in lieu of actual appearance)/trial exhibits/keeping the liability on the books. I know multiple auto insurance attorneys from Progressive, GEICO, State Farm, etc. that regularly defense plaintiffs at short trial–not by winning outright, but by beating their own reasonable OOJs. The most broken thing about the arbitration process is how biased some of these solo practitioner PI arbitrators are in their general damages rulings.
In my experience about 3/4 arbs are undisputed liability MVA cases. In that situation, the arbitration from my perspective is essentially a mediation with some teeth in it. I give my award, which is usually designed to make sure the case settles right after, which my cases do almost all of the time. If it is a premises liability case or disputed liability arb, then that’s a different story.
Prior to the rules change a couple of years ago that was the case, but now you cannot de novo on liability if you did not contest it at arbitration, so we see a lot less of that since then.
So you try to compel Defendants to pay by awarding unreasonable damages? Kind of sounds like you’re not doing your job.
The plaintiff has the burden, but the rules of evidence are relaxed. If you have meds that state causation, etc. you are probably good to go as far as the garden-variety non-exotic cases are concerned. Liability expert/reconstructionist might be important in some cases. Or you might want a med expert if there is a *legitimate* issue re prior injuries, but don’t waste time if someone had a sore neck six years ago. That carries little weight.
Different approaches by different arbitrators. My style is a relaxed semi-trial. Opening statements are often waived since the parties have already provided me a brief. Call your client and witnesses. I allow cross examination. Rest, and then onto defendant’s witnesses.
Objections can be sustained, but evidentiary rules are somewhat relaxed. I am active in moving things along. Typical MVA can be done in less than 2 hours, sometimes in 1 hour. Newer attorneys tend to want to drag things out. I will try to redirect the questioning or may ask questions myself. Keep in mind there is no jury, the object and purpose is an early resolution at a low cost in money and time.
I’ve been an arbitrator in several hundred cases. Opening is waived at least 19/20 times, probably more. I always tell the parties that the lawyers have submitted comprehensive briefs and so I already know quite a bit about the case. That way they aren’t concerned if nobody starts the story back at the time that the earth cooled. Get right to it.
“Wave of anti-money laundering sanctions”
Hey, Its Vegas, baby!
Although not a popular opinion, it was the skim and money laundering possibilities that made Las Vegas. The veneer of corporate ownership did change things…but not completely.
In related news, looks like Vegas Dave is still on the lamb, and is posting pretty regularly on IG.
RIP Dolly Parton
years ago, my law partner and I had a day-long debate with our associate about whether Dolly Parton or Whitney Houston was the most iconic American diva. My law partner and I were firmly Team Dolly. And who wouldn’t be? She was a prolific songwriter (over 3,000 songs!), a fantastic singer, a good actor, and a force for good in the world. We were lucky to have her.
Dolly is a queen and by all accounts a good person. She may have had to be a little pushy coming up in a man’s world; but diva carries some mercurial connotations that makes the debate lean back in Whitney’s direction. Fascinating discussion to be sure.
Is Bluth going all civil??
No, she also hears homicide cases