Hello I am entering an arbitration in Washington DC. The rules of the arbitration prohibit my employing a court reporter to transcribe the hearing. However, DC Code section 23-542 states that DC is a one party consent state for tape recording. The Rules of the arbitration group also prohibit my tape recording the arbitration hearing. How can I best preserve the record of the arbitration hearing? thank you
Arbitrations differ from trial courts insofar as there is no appeal from a binding arbitration. Assuming a litigant is involved in a binding arbitration, the grounds for vacating the ruling of the arbitrators are very narrow. There's no particular value to be had in a verbatim a record of the proceedings (unlike a trial transcript which could be used on appeal to point to errors in the process). If the rules prohibit tape recording or employing a court reporter, it looks like the litigant is left with detailed note-taking.
n most jurisdictions, the arbitration providers' rules preempt local statutes. If the rules do not allow for a reporter you may not use one. Many, if not most arbitrations proceed without a reporter and still result in fair outcomes. Half of winning your case is in the preparation so be prepared. You are on the right track by reading the rules. You can take good notes and if you are fast enough on a keyboard, bring a laptop.
This response is for educational purposes only and does not purport to be legal advice, nor does it establish an attorney-client relationship.
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