The Benefits of Hiring an Analytical Expert for Arbitration Hearings

Partnering with an analytical expert has the potential to change the outcome of your case. For many attorneys working with data can be tedious and sometimes confusing. A qualified expert is knowledgeable about the many twists and turns that data can present. With the background of many hundreds of cases, an expert would be well-equipped and eager to manage the complexities of the process. Imagine being able to use this experience to your advantage.

Key Points

• As an analytical expert, the economist can provide you with their zeal of working with data, exploring patterns, and generating powerful data summaries.
• An analytical expert is comfortable structuring many forms of data and bringing their years of experience to the table.
• Partnering with an expert may often provide creative solutions from a different perspective.
• If you are counsel on the defense side you’ve likely encountered a client who believes that there is no liability. An expert’s job would be to demonstrate through a variety of media, such as graphs, a clear view of the possible limitations of a case.
• If you are counsel for plaintiff, they may bring anecdotes of how they were wronged. The analytical expert will assess the degree to which the data supports plaintiffs’ claims more generally and further can help focus realistic goals, outcomes, and expectations.

Introduction

Pairing an attorney with an analytical expert has benefits. The expert can provide the attorney with an unobstructed picture of complex data which will help determine the merits of the case.

Consider going to arbitration without an expert. You’re in the middle of an arbitration hearing, and the arbitrator starts delving into the intricacies of a complex dataset. Suddenly, they turn to you and request a variation of your calculations using an alternate assumption. Could panic set in? Maybe! You realize they are communicating with their expert and without a critical response their expert may go unchallenged.

Now consider going to arbitration with an expert available by phone, Zoom, or in-person. You can quickly be guided through various approaches to respond to the arbitrator’s twists and turns. An expert can quickly take different views of the data to answer any unexpected challenges. This could make all the difference to a win for your client.

Why Hire an Expert in an Arbitration Proceeding?

The arbitration process is less formal than a court trial, although it maintains many similarities. The goal of successful arbitration is to win through considering several factors:

• Case focus,
• Simplifying complex economic evidence,
• Proving cost-effective, and
• A competent expert can weed through volumes of information to find patterns.

Case Focus

An experienced expert will go beyond the simplicity of numbers. The reason this is so important is to 1) pinpoint vulnerabilities, 2) prevent you from overlooking patterns you might otherwise not know to look for, and 3) suggest a wider view of the data.

Simplifying Complex Data and Documents

An expert possesses the tools and expertise to provide answers in areas such as data anomalies and a broad range of data formats.

When we think about data anomalies we might see incomplete or duplicate records, piecing together various data formats, inconsistencies in ID numbers between time and pay records, or mismatches between time, pay, and the class list.

Data formatting can make a lot of people want to tear their hair out, in our profession we call this “messy” data. Messy data come in a very unstructured, unusable format. An example of this would be records received in PDF format that contain two, three, or even four different formats of time data. No analysis can begin until the analytical expert evaluates the necessary methodology to structure, simplify, and efficiently analyze the records.

Cost-Effectiveness

Pairing with an analytical expert in the work product stage would be like having a Swiss army knife. An expert could visualize where to cut, fill the holes with assumptions, or adjust the data to provide a cohesive picture. In the long run the goal of the expert would be to produce a document in a very efficient and concise manner. This would do three things: 1) reduce your cost, 2) be well-informed going into the arbitration, and 3) simplify the data for the arbitrator.

Choosing an Expert

There are various types of experts to consider, including economists, statisticians, survey experts, and industry specialists.

The desirable qualities of an expert for Counsel and the arbitrator should include:

• Provides computational and analytical competence
• Possesses the knowledge and confidence to communicate complex issues in a relatable manner
• Establishes an easy and cooperative work dynamic
• Demonstrates a neutral and unbiased disposition

Summary

Retaining an expert for an arbitration proceeding can provide numerous benefits, including simplified quantitative evidence, cost-effectiveness, and enhanced credibility. Understanding the arbitration process and carefully selecting the right expert are critical steps that will provide insights leading up to and during the arbitration hearing.

For attorneys who are tasked with navigating the complexities of arbitration, it is important to remember that the expertise and insights of a qualified professional can be a game-changer.