Benefits of Having a Court Reporter Record Your Arbitration

May 20, 2021 10:39 pm Published by Leave your thoughts

If you’re getting ready to hold an arbitration proceeding, it’s in your best interest to hire a court reporter to record everything. Arbitration recordings in Phoenix, AZ protect the record in the event that one party decides to appeal or otherwise contest the outcome. Even though arbitrations are legally binding—and are usually presided over by attorneys and mediators—there’s always the opportunity for miscommunication. If you want to avoid further litigation, hiring a court reporter is the best way to protect witnesses, clients and the overall proceedings.

What is arbitration?

Arbitration, like mediation, is a form of alternative dispute resolution. That is, it’s an alternative to taking a case to trial, which can be expensive and time-consuming. Arbitrations are presided over by neutral third parties who are authorized to make legally binding decisions about the case. Unlike mediation, the parties don’t have to come to an agreement—the arbitrator will make the decision for the parties.

Like litigation, attorneys can make opening and closing statements, witnesses can give testimony and evidence is presented. Unlike litigation, however, the parties don’t have to follow the federal or state rules of evidence. The arbitrator may not even have to use the governing law when making a decision. This makes for a much faster and more informal proceeding—but what happens if something is misconstrued, miscommunicated or otherwise negatively impacts your case? This is where recording your arbitration in Phoenix, AZ can really make a difference.

Benefits to recording arbitration

Here are some of the benefits to having a court reporter record your arbitration:

  • Instantly review everything that happened: Attorneys know that a written record is everything, especially when there are disputes down the line. When a court reporter is present, you’ll be able to instantly review anything that was said. This helps ensure the other parties don’t misconstrue the evidence and prevents agreements based on miscommunications.
  • Make sure that agreements don’t change mid-proceeding: In some cases, the other parties may try to change the context or content of agreements during the proceeding—and if you’re not paying attention, you might miss it. There’s no sense in relying on memory, which can be distorted. Having a court reporter allows all parties to refer back to the written record if there are any questions about what was said or agreed upon.
  • Retain evidence for an appeal, if necessary: Finally, a written record offers you the evidence you’d need if you have to appeal. To be able to appeal, you must have solid evidence that your rights were violated—and without a written record, that can easily become a “he said, she said” dispute.

It’s always a great idea to have an arbitration recording in Phoenix, AZ—even if you think the proceeding should be quick and easy. It’s a relatively minor expense that can pay off big, especially if you end up having to appeal. Why not spring for the extra “insurance?”

To learn more about Bartelt | Nix Reporting, LLC’s arbitration recording services, call us today.

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