It’s my view that arbitration is actually more challenging than a courtroom and here’s why when you’re trained as a litigator they always tell you never ask a question that you don’t already know an answer to when you examine a witness. Well in arbitration, you never know what the witnesses are going to say because you have not had an opportunity to conduct discovery in the form of depositions. So court of law it’s much easier to cross-examine a witness because you’ve already taken their deposition you already know what they’re going to say at trial and if they deviate from that at trial, you can impeach the witness by holding up their prior testimony.

In arbitration, you have no idea what the other witnesses are going to say and it takes a unique ability to be able to make your way through that mind field and successfully cross-examine an opponent or even an expert witness.