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At the Hearing
What to say, what not to say, how to handle evidence and company witnesses, and how to stay calm under pressure.
Not legal advice — educational content only. For high-stakes or complex cases, consult an attorney.
At the Hearing — What to Say and Do
Do:
- Speak slowly. Wait for the question to finish.
- Answer only what was asked. Stop talking when done.
- Refer to exhibits by number: "Exhibit 7, the email from June 3."
- Correct mistakes immediately: "Let me correct that — it was July, not June."
- Stay calm. The arbitrator is watching your demeanor.
- Address the arbitrator as "Arbitrator [Last Name]."
- Keep your dated log and exhibit binder in front of you.
- Take notes while the company witness testifies — write down cross questions.
- Object if the company introduces a document you've never seen.
Don't:
- Don't argue with the company's lawyer. Answer and move on.
- Don't guess. "I don't recall" is a complete answer.
- Don't exaggerate. One exaggeration destroys credibility on everything.
- Don't interrupt the arbitrator — ever.
- Don't volunteer information the question didn't ask for.
- Don't talk about settlement offers during the hearing unless the arbitrator invites it.
- Don't bring up irrelevant complaints. Stick to this dispute.
Thinking about going to arbitration?
Open a case to track your dispute, organize evidence, and generate demand letters — step by step.
Open a CaseWant to Propose an NDA Modification?
If you settled an arbitration and signed an NDA, you may be able to request a bilateral modification to permit limited disclosures.
Propose an NDA Modification