What are the rules of evidence and procedure in an arbitration hearing?
In Texas, arbitration is a form of Alternative Dispute Resolution (ADR) in which a third-party neutral arbitrator or a panel of arbitrators hears each side of a dispute, considers the evidence presented, and makes a final and binding decision. Before a hearing can take place, there are some important rules of evidence and procedure that must be followed. The Rules of Evidence and Procedure for an arbitration hearing in Texas are set forth in Sections 171.091 through 171.095 of the Texas General Arbitration Act. These rules include the appointment of arbitrators, the rights of the parties to question witnesses, the introduction of documents and other items into evidence, the taking of depositions, the sharing of information between the parties, and the making of motions. Additionally, the Act ensures that information must be disclosed to both parties. Besides the Texas General Arbitration Act, the Federal Arbitration Act and other state laws will also apply in certain cases. The court or the parties may also implement their own rules to govern the arbitration hearing, so long as these rules are not in conflict with the law. During an arbitration hearing, both parties are allowed to present evidence and cross-examine witnesses. The parties are also allowed to make oral and written argument on each point of contention. The arbitrator will issue a final and binding decision based on all of the evidence presented at the hearing. This decision is usually reached within 30 days of the hearing date.
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