The Critical Role of Accurate Transcripts in Arbitration and Mediation Success

Not all disputes require resolution by trial. In recent years, the cost savings, efficiency, and discretion afforded by arbitration and mediation have proved enticing to attorneys and clients alike.¹ While the contents of arbitration cases remain private (as opposed to the publicity of a trial), it’s still crucial to ensure trial-level precision when it comes to record keeping and transcription. 

This renders court reporting a foundational component of polished arbitration and mediation hearings.

Arbitration and Mediation: How Do They Compare?

During both types of proceedings, the involved parties submit their complaints and testimony to an impartial referee (mutually selected beforehand) who assesses the evidence and either issues a ruling (in the case of arbitration)² or helps the parties reach an agreement (mediation).³

Although arbitration and mediation hearings unfold outside the spotlight, they remain strict legal procedures and, in many cases, produce binding results. 

Arbitration

Disputants choose arbitration for its²:

• Neutrality – Involved parties agree on specifics like venue, applicable statutes, and arbitrator before initiating proceedings.

• Confidentiality – All information disclosed, awards issued, and the existence of the arbitration itself remain sealed.

• Finality – All parties agree to abide by the arbitrator’s decision without further delay or protest. 

Arbitration allows for definitive conflict resolution without public court battles, and ensures a level playing field for all participants.

Mediation

Other parties may opt for mediation. They usually do so for its³:

• Lower cost – Since it involves fewer professionals, mediation often requires a smaller outlay than arbitration.

• Non-binding decisions – While mediation offers a chance for mutual resolution, the result is not final. This leaves open the possibility of further action (such as arbitration).

• Non-combative nature – The purpose of mediation is to facilitate a mutual resolution. This helps maintain an atmosphere of “good faith” around the proceedings.

Mediation generally promotes collaborative effort and helps soothe acrimony between parties.

How Does Meticulous Record Keeping Enhance Outcomes?

While arbitration and mediation present as distinct conflict resolution styles, both require strict attention to detail. Every word uttered during the proceedings has a bearing on the result, and all parties should have easy access to the hearing’s contents, both for strategy and collaboration purposes.

Court reporters take up this task and, through their precision, contribute to successful resolutions in multiple ways.

#1 Establishing Absolute Clarity

The hallmark of quality transcripts? Ease of review. The reader should never struggle with ambiguous phrasing, unclear punctuation, or garbled syntax. Flawless transcription ensures fluid readability, free of gray areas.

Court reporters produce top notch, verbatim, records through a multi-stage process:

• Capture accurate, word-for-word accounts of the proceedings
• Review for any errors in grammar, punctuation, and verbiage
• Proofread documents multiple times for unimpeachable precision

As hearings unfold, court reporters also provide clarity as needed. By effectively employing advanced technology, like stenography machines, they can display their transcriptions in real time, providing all parties access to instant review. This eliminates unnecessary backtracking, saving time and money in the process.

#2 Sharpening Communication Flow

Arbitration and mediation invariably involve numerous parties, so tracking communication takes top priority. For every bit of dialogue, accurate transcripts must clearly identify the speaker and delineate their statements’ beginning and end. 

Crisp layouts (which may utilize color coding or other visual cues) allow for easy interpretation and accurate attribution—especially important since future disputes may employ past records as precedent.

#3 Ensuring Compliance Within Regulated Fields

Some industries, such as energy and pharmaceutical manufacturing, operate within stringent regulatory frameworks.⁴ At times, examiners may review court records to confirm compliance with guidelines. 

Violations often hinge on terminology usage. By capturing the exact legal terms employed, strong transcripts help steer clear of regulatory icebergs and prevent officials from mistakenly charging companies or individuals with infractions.

#4 Burnishing Professional Reputations

Prospective clients (of both attorneys and arbitrators) may review past proceedings when making hiring choices. Exemplary conduct during hearings makes the best calling card. Pristine transcripts invite strong performances to shine through and impress readers.

Conversely, poorly documented proceedings can unfairly tarnish perceptions through inaccurate attribution or incoherent conversation flow.

#5 Forging the Official Record

While transcripts play a role in real time, they also provide a lasting account of the proceedings. As the “final take” so to speak, they should contain a clear and reliable portrayal of the arguments and reasoning.

Because permanent records often serve as material for future reference and study, well-structured transcripts help future examiners by sidestepping the risk of misinterpretation.

#6 Garnering Public Faith

When legal proceedings reach controversial outcomes and unfold in an opaque manner, it’s tempting for outside observers to suspect improper conduct or misapplication of the law. 

By furnishing superb clarity and readability, court reporters help reassure the public that legal decisions flow from diligent adherence to proper policy and transparency standards.

U.S. Legal Support: Your Source For Flawless Court Reporting

Whether you’re currently engaged in arbitration, or planning to explore trial alternatives, top notch transcription remains indispensable. 

Ensure a superb result by enlisting U.S. Legal Support’s court reporting services. We draw on our network of over 5,000 professional reporters to deliver precision and accuracy for legal proceedings of all complexity levels. 

While our litigation support services now encompass remote depositions, legal interpreting, and process serving, we built our company on a foundation of peerless court reporting. And it remains our calling card. We invite you to reach out today.

Sources: 

1. U.S. Bureau of Labor Statistics. Arbitrators, Mediators, and Conciliators. https://www.bls.gov/ooh/legal/arbitrators-mediators-and-conciliators.htm
2. WIPO. What is Arbitration? https://www.wipo.int/amc/en/arbitration/what-is-arb.html 
3. MetLife. Mediation vs. Arbitration: What’s the Difference? https://www.metlife.com/stories/legal/mediation-vs-arbitration/ 
4. LISAM. 10 Most Regulated Industries in the U.S. https://www.lisam.com/news/10-most-regulated-industries-in-the-us/

Julie Feller

Julie Feller is the Vice President of Marketing at U.S. Legal Support where she leads innovative marketing initiatives. With a proven track record in the legal industry, Juie previously served at Abacus Data Systems (now Caret Legal) where she played a pivotal role in providing cutting-edge technology platforms and services to legal professionals nationwide.