What are the rules of evidence and procedure in an arbitration hearing?

In Georgia, the rules of evidence and procedure in an arbitration hearing depend upon the arbitration agreement governing the dispute. Typically, the parties to the dispute may make the rules as they go, unless an arbitration agreement specifies otherwise. Common rules include allowing the parties to present evidence, call witnesses to testify, and permit direct and cross-examination at the arbitration hearing. Generally, the arbitrator may also contact witnesses and request additional information or documents from the parties. In Georgia, both parties to the dispute must be given the opportunity to present evidence and be heard during the hearing. In addition, the arbitrator must remain impartial and must not allow any ex parte communications with either party or their representatives. If a witness is called to appear at the hearing, they must be sworn in by the arbitrator and both parties may object to any testimony or evidence. Finally, both parties may bring legal counsel to the hearing if they choose to do so. In addition, each party may present argument and may submit post-hearing briefs to support their position. The arbitrator must consider all evidence presented and make a ruling based on applicable law and the evidence presented at the hearing.

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