Chapter 7 discusses the various rules that govern arbitration proceedings and issues that may arise. The chapter focuses on the process of arbitration, including the preliminary hearing, obtaining evidence, and presenting both documentary evidence and witness testimony. Scheduling hearings should be done early in the process, considering the availability of arbitrators, lawyers, parties and witnesses. Virtual hearings became much more common during the global pandemic due to cost and time efficiency. However, challenges related to cybersecurity, data protection, technical knowledge, accessibility, and witness testimony must be addressed in virtual proceedings. The future of hearings may involve a combination of virtual and in-person elements, depending on the preference and circumstances of the parties.

This chapter concerns civil litigation trials. Trials are actually one of the least common means of civil dispute resolution. In addition to the significant portion of civil disputes which are resolved without any recourse to litigation, the overwhelming majority of civil litigation cases which are commenced never make it to trial. Most cases for which litigation proceedings commence are resolved by ADR1 or summary disposition.2 This is because trials are one of the most expensive aspects of litigation, so it is natural for civil disputants and courts to avoid trials wherever possible in the interests of efficiency. However, a full trial is the only way civil disputants are able to put their entire case, with all the evidence, before an independent decision-maker applying full due process and fully exercising their right to be heard. Accordingly, the decision by parties to pursue the trial process is an example of the key civil dispute resolution theme of balancing efficiency against due process.