Do arbitrators expect you to present your case in the same captivating storytelling manner that jurors demand in a trial? Will you insult arbitrators, who are often retired judges, highly experienced lawyers, or industry experts, if you highlight key evidence and arguments using visual aids? Are you confident that arbitrators will be able reach a fair decision no matter how complex your case?

Like any audience hearing your case for the first time, arbitrators may need your help to guide them to the right decision. Although panelists may know the pertinent area of law and specific industry details, it may be too optimistic to assume they will be able to make sense of the evidence from your perspective.

Even for experienced arbitrators, it may be helpful to frame your case in a storytelling manner. Like any presentation to a key decision maker, your case narrative should focus attention on your client’s main problems or obstacles and then tell how the arbitrator can help resolve those issues. If you fail to do this, an arbitrator might say to herself at the end of the hearing, “I still don’t know what happened and neither side has told me what I need to understand to decide this case.”

Because arbitrators must keep your story and details straight, sometimes over an extended period, visuals can help them track concepts and details. With a mixed panel of lawyers and non-lawyers, it may be typical for a lawyer arbitrator who favors verbal learning to balk at the use of summaries and other visual aids. When this happens, such aids may still appeal to a non-lawyer arbitrator, who may be more likely to prefer visual learning over verbal. A clear, memorable presentation can help you win over an arbitrator who remembers what she sees more than what she hears, and who prefers to read, rather than to listen.

According to learning experts, non-attorneys are more likely to be visual learners who will benefit from graphics that organize information for them, such as case maps with colors and diagrams. Visual learners not only have more trouble remembering testimonial evidence than those who may favor verbal learning, but their learning style requires you to outline the overall narrative and purpose before they can assimilate bits of evidence and testimony.

However, even judges and lawyers, who are more likely to be verbal learners, may appreciate and be persuaded by visuals-just perhaps by different kinds of visuals. A visual learner may want pie charts, timelines, bar graphs, illustrations, video demonstrations, and photographs, while a verbal learner may respond more favorably to blow ups of key contractual provisions or compelling transcript excerpts.

According to learning experts, non-attorneys are more likely to be visual learners who will benefit from graphics that organize information for them, such as case maps with colors and diagrams. Visual learners not only have more trouble remembering testimonial evidence than those who may favor verbal learning, but their learning style requires you to outline the overall narrative and purpose before they can assimilate bits of evidence and testimony.

However, even judges and lawyers, who are more likely to be verbal learners, may appreciate and be persuaded by visuals-just perhaps by different kinds of visuals. A visual learner may want pie charts, timelines, bar graphs, illustrations, video demonstrations, and photographs, while a verbal learner may respond more favorably to blow ups of key contractual provisions or compelling transcript excerpts.

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10 steps to prepare a winning presentation to arbitrators

(especially those who favor visual learning):

1. Start with the end goal in mind to develop a roadmap, case themes and suggested relief to outline your case.

2. List possible evidence you may need to provide.

3. Pare down this list until you are left with only the evidence that advances your case story and supports your themes.

4. Prepare highlighted documents and excerpted testimony exhibits to display. (effective for verbal leaners, too!)

5. Create a one-page handout containing the key operative language, so it is always handy.

6. Craft case themes around your key evidence and to help ensure that arbitrators find your narrative more persuasive and memorable.

7. Brainstorm graphics, pictures, and chart ideas to help an arbitrator understand and remember your story. (especially if presenting to a visual learner)

8. Organize your key documents into a pre-marked, exhibit book with a tab for each issue – or navigable pdf – and prepare a book for the opponent, the witness, and each arbitrator so everyone in the room can look at the same thing at the same time.

9. Create a set of PowerPoint slides with these key documents, graphics, pictures, and charts.

10. If the case involves a specialized technical matter, work with the other party to produce neutral “tutorial” materials to assist the arbitrator.

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