The Same-Day Justice Program is designed to give parties an efficient and affordable solution for resolution of their commercial disputes. Parties who use the program will waive their right to go to court and agree instead to arbitrate their dispute before a private neutral arbitrator, who has binding authority to issue an award resolving the matter. Parties may, but are not required, to use a lawyer during this process.
The arbitration hearing takes place in person, unless the parties agree otherwise. The parties bring all their evidence (documents and witnesses) to the hearing for consideration by the arbitrator.
Shortly before the hearing, the parties will exchange with each other the documents they intend to use at the hearing as well as a list of the witnesses they will call to testify. The parties may present their case in any manner they chose, whether by narrative or in question-and-answer format. However, to streamline the process, one party normally does not question another party’s witnesses directly; only the arbitrator will do that, although parties can suggest questions for the arbitrator to ask the opposing side’s witnesses.
At the end of the day of the session (half day or full day), the arbitrator issues a final decision.