By Caitlin Saint-Jean

Entering the world of arbitration can be both exciting and a challenge, and the American Arbitration Association® (AAA®) wants to make sure you have the resources to make the most of this career-expanding opportunity. Arbitration is increasingly favored over traditional litigation due to its efficiency, privacy and streamlined procedures. While it may seem less formal and more relaxed than the courtroom, arbitration still demands a high level of preparation and strategic thinking—especially for those looking to make a strong impression early in their ADR legal career.

The AAAi ChatBook: Case Prep and Presentation AI (Beta) to get started. can help. This free digital tool provided by the AAA offers a step-by-step overview of how to prepare effectively for arbitration to assist advocates throughout the process.

Start With the Arbitration Agreement

Every arbitration begins with the arbitration agreement, which lays the groundwork for how the dispute will proceed. As a new attorney, your first task should be to read this agreement carefully. Arbitration clauses are often embedded in contracts, and they contain critical details such as the designated arbitration provider, the set of rules that will govern the process, the number of arbitrators involved, and the location or format of the hearing.

These procedural details are more than formalities—they can significantly influence how you prepare your case. For example, the specified provider’s rules may affect how evidence is submitted, how long you have to prepare or how discovery is conducted. Overlooking a single provision could result in procedural missteps that might harm your client’s position. Careful review and early planning are essential.

Understand the Dispute and Develop Your Case Theory

Before collecting documents or drafting submissions, pause to clearly define what the dispute is really about. Arbitration often rewards clarity and focus, so identifying the central issues is vital. Ask yourself: What is the core conflict between the parties? Which facts are most significant, and what legal principles apply?

This is your opportunity to shape the narrative. A well-framed case theory—one that tells a coherent, logical story supported by evidence and law—can be far more persuasive than a disjointed argument filled with unnecessary detail. New attorneys should think not just like litigators, but like storytellers. Your goal is to guide the arbitrator toward your client's position with clarity, not overwhelm them with data or pieces of irrelevant evidence.

Organize and Present Your Evidence Effectively

Once your case theory is in place, the next step is to gather and organize your evidence. Arbitration typically allows more flexibility than litigation in terms of what and how evidence can be submitted, but this doesn’t mean anything goes. You should still strive for precision and professionalism.

Begin collecting all relevant materials—contracts, emails, invoices, reports and any other supporting documents. Think carefully about how to categorize and present them. Organized, labeled files—whether in digital form or printed binders—help you stay prepared and show the arbitrator that you are well-prepared. If you’re asked to reference a document during the hearing, being able to locate it quickly will reflect well on both you and your client.
Original documents or certified copies tend to carry more weight, and organizing your materials chronologically or thematically will help you respond more effectively to questions as they arise.

Choose Your Witnesses with Care

The witnesses you select can have a significant impact on your case. You’ll want individuals who not only possess relevant knowledge, but who can communicate clearly and remain composed under questioning. For disputes involving technical or industry-specific issues, it may be appropriate to retain one or more expert witnesses with strong credentials.

Preparation is just as important as selection. Take time to brief your witnesses on the issues, walk them through their expected testimony, and rehearse both direct and cross-examination scenarios. Witnesses should be familiar with the key facts and relevant documents and understand how their testimony fits into the overall case. A calm, confident witness can reinforce your narrative, while an unprepared one can create doubt or confusion.

Draft a Persuasive Statement of Claim or Defense

The statement of claim or defense is often your first substantive communication with the arbitrator, and it’s your chance to establish credibility and clarity from the start. Whether you’re initiating the process or responding to a claim, this written document should provide a structured account of the dispute.

It should explain what happened, why it matters legally, and what outcome your client is seeking. Refer to relevant documents and legal provisions but avoid overloading your submission with citations or jargon. The best written arguments guide the arbitrator logically and efficiently to your position, rather than simply showcasing your legal knowledge.

Think of this document as both a legal brief and a narrative roadmap—it should educate, persuade, and set the tone for the hearing to come.

Prepare Thoroughly for the Hearing

While arbitration hearings tend to be less formal and more flexible than trials, they still require strong advocacy skills and careful planning. As the hearing approaches, you’ll need to develop opening and closing statements, prepare outlines for witness examination and organize your exhibits for presentation.

Researching the arbitrator’s background may provide useful insight. Some arbitrators prefer a direct, facts-driven presentation, while others may value a more detailed legal argument. Tailoring your strategy to their preferences—while remaining professional and persuasive—can give you a valuable edge.

During the hearing, expect questions from the arbitrator. You’ll need to think on your feet, respond quickly to challenges and manage the flow of your case in real time. Practicing in advance and even conducting mock hearings can help you feel more confident and perform more effectively.

Understand the Costs and Timeline

Arbitration is often more affordable than court litigation, but it still comes with expenses that should be discussed with your client early in the process. In addition to your attorneys’ fees, arbitration fees can include the cost of filing with the arbitration provider, arbitrator compensation, travel and lodging (if applicable), expert witness fees, and potential costs for transcription or translation.

Timelines also vary depending on the complexity of the case and the arbitrator's availability. Setting realistic expectations around scheduling and costs helps build trust with your client and allows for smoother case management.

Remain Open to Settlement Opportunities

Although arbitration results in a final award in many cases, settlements still occur frequently before the award is issued. As a new attorney, it’s important to balance preparation for a full hearing with openness to resolution. This might involve engaging in pre-hearing settlement discussions or even formal mediation.

Settlements can be beneficial for clients in terms of time, cost, and emotional investment. By staying engaged in the negotiation process and being receptive to creative solutions, you may help your client achieve a better outcome than they would through a binding decision alone.
Using the AAAi Chat Book to Support Your Preparation

The AAAi Chat Book is a digital resource designed to support parties at every stage of the arbitration process. For new attorneys, it can be especially useful. It offers on-demand guidance, answers to common procedural questions and helpful checklists tailored to AAA-administered cases.

Consider using it as a real-time reference tool, especially as you prepare submissions or navigate unfamiliar procedural steps. It’s like having a virtual mentor available 24/7.

Final Thoughts

Arbitration can be an ideal forum for new ADR attorneys to hone their advocacy skills in a high-impact, low-formality environment. While it may lack the theatrics of a courtroom trial, it demands just as much professionalism, preparation and precision.

By mastering the procedural basics, building a compelling narrative and presenting your case with confidence, you’ll put your client—and your career—on solid footing. With resources like the AAAi Chat Book in your toolkit, you’ll be well-equipped to navigate your early arbitration experiences with confidence and clarity.