Further, that since documents produced pursuant to subpoena will be seen by you for the first time at the hearing, you will require additional time to review the documents, which will delay the process. Counsel should try to agree on joint exhibits in advance and identify them as such. It is frustrating for the panel to shift from the claimant's set of exhibits to the respondent's set of exhibits, where each bears a different identification for the same document. Credibility of counsel and witnesses come into question when the witness stares at a document she does not recall ever seeing before. What you've done is 'sandbagged' your own witness by assuming that less preparation of witnesses is appropriate since there is no judge or jury.
Witnesses are under oath and subject to cross-examination.
Failure to prepare the witness properly can result in an adverse decision simply because the witness' credibility prevents the arbitrators from giving the testimony much probative value. Remind your witnesses to look at the arbitrators, not at you, when responding to direct or cross examination. Even though the rules of evidence do not apply, you should always lay a proper foundation for the question or document and be sure to indicate its materiality and relevance in your case. Even though affidavits are a form of hearsay, the rules do permit arbitrators to admit evidence by way of affidavit. However, the absence of the ability to cross examine the affiant, may cause the arbitrators to give the affidavit less weight in their decision.