Arbitration & mediation
Best practices for preparing exhibits and demonstrative materials for arbitration hearings to enhance clarity and persuasiveness before arbitrators.
A practical, enduring guide to creating exhibits and demonstrations that communicate facts, support reasoning, and maintain credibility throughout the arbitration process, from planning through presentation, with attention to accessibility and visual clarity.
August 09, 2025 - 3 min Read
In arbitration, the way you present evidence matters as much as what you present. Begin with a clear plan that maps each exhibit to a specific issue, rule, or factual point. Assemble a master index that correlates document names, exhibit numbers, and narrative descriptions so you can navigate during testimony without hesitation. Prioritize primary materials and avoid clutter; unnecessary documents dilute persuasive impact and may raise questions about relevance. Establish a consistent formatting standard for all exhibits, including font choices, color palettes, and margins. This consistency helps arbitrators follow the flow of arguments and reduces the time needed to interpret complex information.
The design of demonstrative aids should complement the witness testimony rather than compete with it. Use simple graphics, such as timelines, flowcharts, and maps, to reveal causal relationships and sequences. Limit each slide or panel to one central idea and a few supporting data points. Employ legible typography with adequate contrast and avoid overly decorative imagery that distracts from essential facts. When using charts, label axes clearly, provide sources, and ensure numbers reconcile with the underlying exhibits. A well-constructed demonstrative is a bridge between narrative and evidence, making key points easier to recall under pressure.
Visuals should illuminate, not overwhelm, the argument.
Clarity begins with curation. Review every potential exhibit for relevance, admissibility, and impact. Remove duplicates, redactions that obscure meaning, and any material that could be misconstrued without context. Create a narrative spine that aligns exhibits with the procedural posture of the case, ensuring that each item contributes to a coherent storyline. Prepare annotations that explain why a document matters, what it proves, and how it connects to the opposing position. Your goal is to enable arbitrators to grasp essentials at a glance, then dive into details only when needed. A disciplined approach reduces ambiguity and accelerates decision-making.
Organization underpins efficient examination. Develop a logical sequence for presenting exhibits, grouping related items into bundles that mirror the sequence of issues on the arbitration chart. For electronic materials, ensure metadata is complete, file formats are stable, and hyperlinks remain functional throughout the hearing. Create a backup plan for technical failures, including printed copies and an easily accessible copy of the most critical visuals. Practice transitions between exhibits and witnesses so that the presentation proceeds smoothly, without awkward pauses or misrouted references that could undermine credibility.
Practice helps transform preparation into persuasive performance.
Accessibility matters, both for arbitrators and for participants who may rely on assistive technologies. Design exhibits that are navigable with screen readers, provide alt text for images, and maintain clear contrast for text on colored backgrounds. Include captioned versions of any video materials and ensure that charts can be described verbally in plain language. When introducing a complex data set, offer a high-level summary first, followed by a guided tour through the details. This approach helps ensure that everyone in the room can engage with the material without feeling marginalized or overwhelmed by technical complexity.
Consistency across exhibits reinforces trust. Use a uniform set of language, symbols, and abbreviations so that the reader is never left guessing about meanings. Maintain a single numbering convention for all documents and ensure cross-references point to the right pages or timestamps. Provide an introductory slide or cover page for a cluster of materials that explains the purpose, scope, and key conclusions. By preventing mixed messages, you reduce the risk of misinterpretation and create a steady stream of persuasive momentum throughout the hearing.
Practical design choices support credible, persuasive advocacy.
Rehearsal is a critical final step before presenting. Schedule run-throughs with a neutral audience to identify confusing points, overly long segments, or gaps in the evidentiary chain. Record the practice to assess pacing, tone, and clarity, then refine accordingly. Train witnesses to reference exhibits naturally, pointing to the exact portion being discussed without breaking the flow of testimony. Encourage consistent use of exhibit numbers during questioning to minimize hesitation and maintain a clear record. A well-rehearsed presentation often yields lower cognitive load for arbitrators, enabling them to focus on substantive arguments rather than procedural mechanics.
The narrative arc of your case should be reinforced by demonstratives that illuminate critical turning points. Build visual cues—color accents, iconography, or symbolic shapes—that help attendees track shifts in position, credibility, or corroboration. However, avoid overusing effects that can irritate or distract. The goal is to guide attention, not to dazzle. When a point hinges on a single document or data point, give it prominence through a dedicated slide that summarizes the conclusion and points to the source. A clear arc strengthens persuasion by making the logic easy to follow under examination pressure.
Balance, credibility, and accessibility drive persuasive outcomes.
Material quality communicates trust. Invest in sturdy, professional-looking exhibits with high-resolution images, legible print, and proper folding or binding for physical copies. Use durable laminates or digital formats that withstand handling over multiple sessions. Ensure that every page is numbered, searchable, and easy to reference in discussion. When preparing an exhibit packet, include a concise index with page numbers, a brief synopsis of each item, and a note about its material relevance. Quality presentation signals preparedness and respect for the arbitral process, which in turn bolsters the overall persuasiveness of the argument.
Precision in sourcing and authenticity safeguards credibility. Every assertion tied to an exhibit should be traceable to the original document or data set. Maintain an audit trail documenting how data were transformed, summarized, or filtered for inclusion in a demonstrative. Keep copies of the raw materials separate from edited versions to prevent confusion during debate. If a source is contested, be prepared to present the underlying data and methodology transparently. A meticulous evidentiary record reinforces trust and narrows dispute grounds, helping arbitrators focus on legal and factual issues.
Beyond the numbers, tone matters. Present exhibits with even-handed language that accurately reflects the material’s limitations and uncertainties. Avoid overclaims, hyperbole, or insinuations that could provoke counterarguments. A balanced presentation invites constructive scrutiny and fosters confidence in the party’s integrity. Pair aggressive claims with corroborating support and precise citations. When in doubt, favor clarity over cleverness; a straightforward explanation often proves more persuasive than a slick but opaque narrative. This disciplined posture supports credibility and reduces the likelihood of character-based challenges.
Finally, anticipate questions and prepare concise, well-supported answers. Develop a ready set of explanations for likely lines of inquiry and ensure your exhibits can anchor those responses. Practice responding to challenges about data gaps, alternative interpretations, or inconsistencies without appearing defensive. The most effective advocates anticipate weaknesses and address them proactively in the demonstratives themselves, guiding arbitrator focus toward the strongest aspects of the case. Thoughtful preparation, rigorous sourcing, and accessible design together yield exhibits that clarify, persuade, and withstand critical review.
