Why You May Want to Hire a Court Reporter for Your Arbitration
Court reporters transcribe information during legal proceedings, as a way to capture an official account that can be reviewed at a later time if needed. Hiring a court reporter is not always required for arbitration sessions. However, it can be very helpful to hire a court reporter for one’s own protection. Arbitration sessions are intended to reach a middle ground between opposing sides, as a way to avoid having to take the matter to court. If arbitration is not successful, then attending court is the next step towards getting the disagreement settled.
These meetings may be overseen by mediators and attorneys. An attorney can help ensure their client is protected while also striving for a settlement. A mediator can help both parties communicate in such a way that hopefully a resolution is found. Unfortunately, even with all this support, there is still room for miscommunications or misunderstandings, which can then lead to a “he said, she said” type of dispute. Having a court reporter write an official document of what was said can help prevent this from happening.
Mediators Do Not Decide Solution
During arbitration, a mediator’s role is not to decide upon or push a specific solution. A mediator helps each party communicate more effectively, explore legal and practical options for settlement, and helps them achieve a common ground over the dispute. Mediators are often hired to assist during arbitration as an unbiased, neutral party who uses techniques to guide the conversation towards resolution.
Prevent Arbitration From Turning Into Litigation
Regardless of if you trust the opposing party during the arbitration, details can still be easily forgotten or misconstrued after the fact. Perhaps you find later on that the opposing party misheard you or interpreted the agreements differently than you had. If there is no evidence of what was said, then the matter may end up in court anyway. A court reporter can come in handy if such a situation were to arise. An experienced and certified court reporter can provide you with the ability to:
- Submit an appeal. To submit an appeal, it is required to show proof that rights were violated or there was another interfering factor that caused the arbitration outcome to be questioned. By having a court report, a party in the arbitration who feels they were slighted can use the official document as evidence of wrongdoing or mishap.
- Go over agreements again. The opposing parties may have left arbitration thinking they were on the same page regarding the agreements, but then find out they may have misheard or not arrived at the same conclusions. To clarify what was said, both sides can review the transcript created by the court reporter.
- Ask the reporter to read a line. During your arbitration with the opposition, if you want something to be repeated that has already been said you can request a line from the court reporter. This can help if the discussion becomes confusing or off track, as all parties can get clarity and back to the point they were trying to make.