No more than an outline of the procedure can be given here, because each case depends on its own unique facts.
Litigation and arbitration require the parties to:
- set out in a formal way a summary of what each is saying about the facts of the matter. Any special legal claims are also briefly referred to at this stage.
- disclose what documents in relation to the matter they now hold, and any documents they have or have had;
- prepare in relation to each witness a witness statement, which contains a full account of what the witness is expected to say. These statements are very important; not only is this the first really detailed account of the facts that the judge or arbitrator sees, but when that witness gives evidence in the hearing, his statement will be the witness’ evidence. Any matter which ought to be mentioned in the statement but is not set out there will not be before the court or tribunal, unless it happens to be commented on in the witness’ cross-examination
- do all things which the court or tribunal orders
- attend a trial at which the court or tribunal hears the evidence of witnesses and considers any legal points and gives a judgment.