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Note Taking by Arbitrators

Friday, February 21, 2025 2:47 AM | Anonymous

How To Take Notes Effectively In College - Engineering Expectations

Some arbitrators take extensive notes during hearings even if there is a court reporter. Do you find this to be necessary, a distraction? What are the best practices for taking notes during an arbitration hearing?

What are your thoughts?

Comments

  • Saturday, February 22, 2025 3:30 AM | Philip Allen Lacovara
    I take extensive notes, a practice that I developed in college and law school, because it helps me refine and record my thoughts and impressions on a contemporaneous basis. I do not find that it distracts me from the flow of testimony. I especially encourage the use of written direct testimony, because it almost invariably works out that the notes I take during testimony are correlated with the pertinent passages of a witness‘s written statement, and with exhibits referenced in that statement or raised on cross examination. Thus, after the hearing, I have the benefit of both the witness’s direct statement and marginal notes containing salient points from the live testimony and cross examination. This “package“ provides me with a useful encapsulation of the information that the witness is contributing.
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  • Saturday, February 22, 2025 4:26 AM | Eric kuritzky
    After the hearing concludes, I won’t have access to court reporter papers. I take notes of pertinent items. Question/answer points, and questions that come to mind to follow up on during my deliberation. The notes are a great reminder of what I considered critical issues Spending too much time on taking notes makes paying attention more difficult.
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    • Monday, February 24, 2025 10:50 PM | Fred Herman
      I subscribe to Eric's approach with or without the benefit of a transcript. I'm not certain about recording testimony as suggested by Jim and at the very least would want consent of counsel and the parties. One issue that is troublesome to me is whether each side requests to record the proceedings. Is the Arbitrator's recording part of the official record ? Are the recordings by the parties official?
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  • Saturday, February 22, 2025 5:20 AM | Jim Daniels International arbitrator, London based
    I am afraid it may seem like advertising but I use LiveScribe which records 200 hours of audio linked to any notes I make. I then read the transcripts from the court reporter and also listen to the audio recording simultaneously which with my notes enables me to have a complete understanding of the days hearing. It is a lot of work to do each evening after hearing but well worth it.
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    • Saturday, February 22, 2025 5:31 AM | Judge Gerald Harris
      Some note taking is useful particularly in keeping track of exhibits and prompting questions from me concerning testimony given earlier. However, I try to keep it to a minimum because, in assessing the credibility of a witness, I find it helpful to observe his/her demeanor as the testimony is given.
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  • Saturday, February 22, 2025 5:25 AM | George Lobman
    Notes are important records since they represent your feelings on certain happenings both confirming and questioning of positions. Mine are short, fact based and allow my feeling to be clear.
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  • Saturday, February 22, 2025 5:57 AM | David W. Ichel
    I am a note taker. The notes help record questions to ask, impressions and can provide a good summary of key testimony, along with "live note" and ultimately the transcript. I am observing the witness at the same time to aid in my assessment of credibility.
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  • Saturday, February 22, 2025 6:42 AM | Ernest C Brown, Esq PE
    I take significant notes on points that are particularly important to the outcome of the case. However, I also ask the parties to allow an audio-to-text recording of the hearing which everyone can use for their witness examination and final briefs. It is not a verbatim transcript, but the technology is getting close. With regard to distractions, I think that arbitrators or counsel who constantly type their notes can create an auditory distraction that is not helpful to the reporter, counsel or the arbitrators. Again, there are handwriting to type programs if they need to keep their notes in electronic format.
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    • Monday, February 24, 2025 10:52 PM | Fred Herman
      I believe it's very distracting to have someone pecking away during the proceedings.
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  • Saturday, February 22, 2025 7:29 AM | Jim Purcell
    I pick and choose what notes to take. This reflects my evolution from the time I was a trial lawyer to when I was the CEO of a health plan. As CEO, I didn't take notes because I had to be present during meetings, watching expressions and body language, etc. While that's not as important in arbitrations, I find it helps not to be so caught up in notes that I miss the real action. But for sure, some notes are needed, particularly if no transcript.
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  • Saturday, February 22, 2025 7:39 AM | Russ Fagg
    Yes, I not only take notes, but also have a conclusion page outlining preliminary findings and conclusions as the case develops.
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  • Saturday, February 22, 2025 8:11 AM | Raoul East Drapeau
    I find it very useful during post-hearing study if I have written my impressions on the documentary evidence sheet as they happen. For verbal testimony, I keep a separate sheet for that, but it takes only a few moments to make a note, and doesn't take away from my attention to the process. I make my more extensive notes and write a summary as soon as the hearing finishes while the process is still fresh in my mind.
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    • Saturday, February 22, 2025 8:49 AM | Gary Quesada
      Likewise, I prefer to add my notes on the exhibits during the presentation. That requires I be provided with a physical, paper book of exhibits.
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  • Saturday, February 22, 2025 8:16 AM | Thomas
    Balance. Some counsel are not good at storytelling, and present information sporadically. In a multi-day session notes help me stay organize, and keep the discussions on track. I find for me too many notes distract from my ability to listen carefully. Just like the three bears
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  • Saturday, February 22, 2025 8:22 AM | Robbie MacPherson
    I believe my time is better spent listening carefully to the witnesses and counsel than concentrating on whether my notes are an accurate reflection of the testimony that can be relied upon for deliberations. For that reason I encourage the parties have a court reporter. I also find having a court reporter's transcript all , myself and the parties, are using makes for a more efficient and less costly post hearing briefing and deliberation process. I do keep track of all exhibits and make notes of significant admissions, denials, etc. In summary, an arbitrator's notes are no substitute for an official record of the proceeding available to all participants.
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  • Saturday, February 22, 2025 9:29 AM | Nasri H Barakat
    Some arbitrators still take handwritten notes during a hearing. I have been paperless for many years now and take notes on my laptop. The problem with handwriting notes can be a serious one. I had a hearing where the chair was a "note taker" and while he was taking notes I noticed my counterpart trying to read over the notes written by the chair. During a break I told my counterpart that this was inappropriate and unethical. He seemed surprised and said that he disagreed. I told him that he was in fact steeling. In any event, he stopped looking. However, during the deliberations he asked the chair why his notes were written in different color pens? some were red and others green and the chair responded without hesitation: "it is none of your business"! to me , that said it all! Notes, if taken, are and should be private.
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  • Saturday, February 22, 2025 9:38 AM | Ruth Raisfeld
    Note taking is critical to paying attention and keeping track. What is distracting is associates tapping away on laptops, when there is also a court reporter.
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  • Saturday, February 22, 2025 9:49 AM | Janice M. Holder
    I take notes. As a former trial judge, I often did not have access to a transcript. If a transcript were available, it might be provided long after the trial or hearing. My notes let me begin drafting preliminary conclusions. I check everything against the transcript, but I prefer using my notes to create a rough draft as quickly as possible after a hearing.
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  • Saturday, February 22, 2025 9:59 AM | Henry Parr
    I take an almost complete transcript of the hearing using the program in word that lets me type codes for names. It is a get help. Enhances my focus and allows me to insert thoughts and follow up questions. I can easily word search later.
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  • Saturday, February 22, 2025 10:28 AM | Roy
    I take note of the key points each witness makes. My notes are fairly short. I review my notes at breaks and at the end of each day. At the end of the hearing, I review my notes before making a decision on the merits of the parties’s positions.
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  • Saturday, February 22, 2025 10:54 AM | David M Wells
    I take notes for several reasons. It helps me remember the testimony. It helps me with objections regarding what was previously said. It allows me to record my first impressions regarding testimony and exhibits. It gives me a place to write down questions I have without interrupting the flow of testimony. It helps me remember issues I had while listing to testimony. With multi-day arbitrations I often review testimony and exhibits from the day before to help me manage the hearing and better understand and identify the issues. Often times after a hearing has concluded I will immediately dictate first impressions, opinions and issues which I find helpful to look at before reviewing post hearing briefs. The notes help me find testimony in transcripts I want to review.
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  • Saturday, February 22, 2025 10:55 AM | Julia Sullivan
    I take notes to help me remember key points. But I think it is important to maintain eye contact with the parties and witnesses; otherwise they may not perceive that you are really hearing them.
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  • Saturday, February 22, 2025 10:58 AM | DEAN OLSON, Saturday, 2/22/25, 9:56 a.m.
    I have an excellent digital voice recorder by Olympus WS-700M that I use to record the testimony. I create a separate audio file for each witness and take very few notes.
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  • Saturday, February 22, 2025 10:59 AM | Bob Huber
    Notes are important, but you need to be careful that they don't distract from the testimony as it occurs. I find that my note-taking trails the testimony, sometimes to the point that I am not listening as carefully when I am writing down a note about something I heard a few moments earlier. For that reason, I only make notes of the important points. (I have seen arbitrators keep their heads down as they furiously scribble notes without looking at the witness, which makes them look disengages and make me wonder whether they are really evaluating the credibility of the witness.) Also, I worry that note taking can send wrong signals to the parties about what I think is important. A delicate balance overall, particularly when I am a solo arbitrator. I'm most comfortable when I'm a member of a three-arbitrator panel and know that our collective memory of the testimony will fill any gaps.
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  • Saturday, February 22, 2025 11:00 AM | Julia Sullivan
    I take notes to help me remember key points. But I think it is important to maintain eye contact with the parties and witnesses; otherwise they may not perceive that you are really hearing them.
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  • Saturday, February 22, 2025 11:01 AM | Tuneen Chisolm, Esq., MS Chem E
    I take brief notes during testimony to flag items for followup, to topically track what was covered during that day, and to track exhibits presented. I can write notes without looking away from the witness and counsel, so it doesn’t take my attention away from assessing credibility or from anything else happening in the room. My notes are especially helpful when counsel attempt to characterize earlier testimony, and they also make it easy to find things later in the transcript, if there is one.
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  • Saturday, February 22, 2025 11:32 AM | Wm. Frank Carroll
    I take notes during the hearing even if there is going to be a transcript provided before the award is prepared. However, I do not attempt to take verbatim notes of the proceedings. Rather, I note matters relating to the following things:
    1. I note the numbers of important exhibits that I may reference in my award.
    2. I note matters which I intend to question the witness or counsel about later in the proceedings.
    3. I note my opinion as to the credibility/manner of testimony of each witness.
    4. On a second notepad I list preliminary conclusions as to pertinent findings of fact.
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  • Saturday, February 22, 2025 11:44 AM | David Slaughter
    I have seldom presided over an arbitration where the parties have engaged a court reporter. So I absolutely take notes. It helps me to focus and I believe the parties appreciate expect that focus. I use pen and paper. I've served as a witness in an arbitration where the arbitrator took notes on his computer. It may have been easier for him, but I found it to be both distracting and impersonal..
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  • Saturday, February 22, 2025 12:21 PM | Peter Rundle
    I take limited hand-written notes. Typing into a laptop is a huge distraction for panel, counsel and witnesses. I refine my notes at the end of each hearing day by drafting the skeleton of procedural events/history, testimony, testimony and exhibits, etc., which may ultimately become part of the final award.
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  • Saturday, February 22, 2025 12:34 PM | David E. Robbins
    Looking at witnesses while they are testifying, instead of at your note pad, helps you better discern credibility. Keep your notes to bullet points about how the witness is coming across to you and add only critical points from their testimony. Watching will tell you more than writing things down.
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  • Saturday, February 22, 2025 12:35 PM | Ronald Broida
    I do take notes as I feel necessary; it depends on the case, of course, and the exhibits. It also may depend on the clarity of the presentation of the evidence.
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  • Saturday, February 22, 2025 1:26 PM | Susan F. Clade
    I take detailed notes from beginning to end. It does not distract me in the least. On the contrary it keeps me focused. Since a court reporter may or may not be present, yet the parties want a reasoned opinion, I cannot imagine how the arbitrator would do so without a transcript AND without notes.
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  • Saturday, February 22, 2025 1:39 PM | Karen Fitzgerald
    I always take detailed notes. Even if the parties want to have a court reporter, I usually tell them that I do not want to read the transcript and I do not want post-hearing briefing (except in rare cases or when required by the arbitration agreement). I like to move to make my decision immediately--just like a jury would. I feel that this is an important part of trying to not add unnecessary costs to the parties. As someone who is still a litigator and often represents parties in an arbitration, I find that arbitrators ADD far more work to the burden than they should. Often, I'd be doing less work litigating the case in a court.
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  • Saturday, February 22, 2025 3:00 PM | Judge Pete Michaelson (ret.)
    After 20 years on the bench I continue note taking in my ADR practice because it helps me focus and leaves me a great start on the final order. My “shorthand” - developed over time - has allowed me to often repeat a record almost as well as the transcript. If an ADR professional is comfortable listening at the same time I recommend note taking.
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  • Saturday, February 22, 2025 3:03 PM | Dean Burrell
    I take extensive notes regardless of whether there's a transcript. I use my computer and if something doesn't make sense when I try to type I make a note to get the facts squared away on that issue. I use a transcript to verify or fill in my notes as needed.
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  • Saturday, February 22, 2025 3:15 PM | Anonymous
    Notes are critically important and reflect what I see as important information to be noted. I also write down questions and concerns that I have along the way. I often review those comments of mine [which I bracket] and ask that certain information be covered in closing.
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    • Saturday, February 22, 2025 3:16 PM | Michael Orfield
      Author above.
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  • Saturday, February 22, 2025 3:45 PM | Sheila Carpenter
    I take extensive notes. I find it helps me listen carefully, allows me to outline questions I may have at the end of the witness’s testimony and allows me to discuss outstanding issues with counsel at the end of the day or the end of the hearing. Typically the transcript is not available for a couple of weeks and often parties don’t wish to go to the additional expense of a transcript. I do not find it difficult to keep an eye on the witness and still take notes.
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  • Saturday, February 22, 2025 3:58 PM | Michael Saydah
    I take detailed notes. In my last arbitration, a 2 week Sherman Antitrust case, I used 4 legal pads. At the end, I simply apply the facts of the case from my notes to the jury instructions. I do not ever ask either party to clarify a fact or other question for fear of appearing to favor a side or bias.
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  • Saturday, February 22, 2025 4:23 PM | James C. Shaw
    I like to take notes of what I consider key points in testimony and any references in the testimony to exhibits.
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  • Saturday, February 22, 2025 6:34 PM | Michael A. Levy
    Note taking while listening carefully to testimony is not an easy multi-tasking skill. If you're focusing on the note you're writing, you may miss something of significance in the viva voce presentation. On the other hand, where something comes up in testimony that you conclude could be highly significant in the case, making a note of what you've just heard could be very important, if not critical to your decision. For me, the best of all cases is where there is a stenographer making a record. Then, all I have to do is jot down the general thought about what I want to review in the transcript later on and I don't have to focus on what I'm writing to the exclusion of listening.
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  • Saturday, February 22, 2025 7:10 PM | Mark Bunim
    Taking notes is helpful to note key exhibits and to pose questions to the witness at the end of counsels' direct and cross examinations, however the process of taking notes should not interfere with the important task of listening and observing the witness.
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  • Saturday, February 22, 2025 10:03 PM | Antonio García Padilla
    I find notes useful even when a court reporter is present. The notes are not necessarily on the content of the testimony, but on impressions, completeness, relation to other testimony, etc. Plus, the transcripts are not immediately available.
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  • Sunday, February 23, 2025 1:39 AM | Robert H Flynn
    If it’s noteworthy, take note! If it confirms an exhibit being admitted, make sure to note it. If it helps focus, take a note. Probably this is what most do!
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  • Sunday, February 23, 2025 10:06 AM | Carl Freedman
    Taking handwritten notes has been studied time and again and the findings are clear....it helps you better remember the events of the discussion. This applies only to handwritten notes and not typed notes as typing has been found to distract from listening. Even if just to annotate as a time stamp as to when something important was said, taking notes is critical.
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    • Sunday, February 23, 2025 12:59 PM | Steven Gerber
      I take notes but, especially if there’s a court reporter, they are limited: what I think are important points and also questions I hope the parties ‘ counsel address in their direct or cross examinations. I highlight and make some handwritten notes on paper exhibits as they go into evidence.
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  • Sunday, February 23, 2025 4:43 PM | Frank Burke AAA Arbitrator
    I encourage the parties to have a court reporter especially since the AAA has a contract with a court reporting firm that uses AI and is less expensive. That makes for a far better record. I find that parties list twice as many exhibits as they need which makes it important to allow admission only of exhibits actually used. If not, exhibits may be admitted that are never used except in a closing brief which may lead to requests to re-open the record. So I take notes on the exhibits mostly and ask the parties to do the same. We keep a running tally every day. I focus closely on the witnesses’ testimony and demeanor and would find it too distracting to be taking notes of their testimony other than a few words on important points.
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  • Sunday, February 23, 2025 6:56 PM | Anonymous
    I have taken notes for as long as I can remember. As an arbitrator, it helps me to focus on the testimony, evidence and .arguments. It's also a memory aid for me.
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  • Sunday, February 23, 2025 8:17 PM | Melissa Hubbard
    I agree with the great majority that note taking in whatever manner works for each arbitrator is very helpful and can be done while also listening to witnesses to assess credibility. Reviewing them each night and formulating questions for the following days, if not addressed, is very important to a successful hearing.
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  • Monday, February 24, 2025 8:52 AM | Anonymous
    I always take notes to record what I think is important and to sometimes record my immediate thoughts. Also to show the parties I am listening and engaged in the hearing.
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  • Monday, February 24, 2025 9:01 AM | GARY W JAVORE
    I take extensive notes on my laptop, especially in cases requiring a reasoned Award. Since the parties are aware that I am taking notes, it causes them to pace themselves, instead of racing through important testimony.
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  • Monday, February 24, 2025 9:28 AM | Richard Reice
    During a multi-day hearing in which there was a court reporter, I took copious notes. Did I look at all of them when it came time to write an award? No. But they were helpful from day to day and in the end, there were perhaps best described as an "aide in support of the transcript."
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  • Monday, February 24, 2025 10:10 AM | Jim Lussier
    I take detailed handwritten notes of all testimony. It can be challenging in a tight work space when I am also juggling looking at exhibits on my laptop, binder, or screen in the hearing room. I take typewritten notes during most hearings. Even for a small case, my personal records help me remember important details and capture what sems important at the time. This is a lifelong habit, it is invaluable much of the time, less useful in some cases.
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  • Monday, February 24, 2025 10:20 AM | Kathi M Sandweiss
    I take extensive notes, sometimes quoting witnesses. I have had few arbitrations that have a court reporter but, in any event, the transcript might not be available at the time I write my award. I do not find it distracting to take notes. To the contrary, it is a habit I developed years ago in law school and actually helps me focus and concentrate. When I am on a panel, my co-arbitrators and I can compare notes.
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  • Monday, February 24, 2025 10:41 AM | Jim Titus
    I find note taking keeps me focused on the testimony, rather than distracted. I take down pertinent points and make notes of questions and issues with the testimony to remind me later when analyzing the evidence, transcript and any briefs.
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    • Monday, February 24, 2025 12:25 PM | Bryan F. Hickey
      Like many others, I am a note taker. I think this is a matter of personal preference. Robbie's comment about the value of a court reporter and transcript is, for larger cases, an excellent approach as well in my view. Best to all,
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  • Monday, February 24, 2025 4:21 PM | Fred Lotterhos
    I take notes for the purpose of capturing the following information: an accurate list of witnesses and exhibits offered; pertinent facts, especially those not obvious from the pre-filed exhibits; key exhibits I will want to review further; questions I have, either for a witness or to answer through my own study of the evidence; any evidentiary or other rulings I make during the hearing; and any impressions I have about the credibility of a witness or the persuasiveness of an argument.
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    • Monday, February 24, 2025 10:28 PM | Christian Fox
      I take less notes now. Seems that the parties are trying to figure out what I think inches dc o.z see a W
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  • Tuesday, February 25, 2025 10:23 AM | Neil Bardack
    I find it difficult to take extensive notes and watch/ listen as the witness is giving testimony. That said, I have had lawyers ask me to confirm what I heard of statement made at the hearing as they had a disagreement on a subject but I did not have a record as I did not record the discussion.
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  • Tuesday, February 25, 2025 4:16 PM | Alan Levy
    I take brief notes on key points that significantly support the merits of the claim or defense. I also note my impression of a witness's veracity. Additionally, I make brief notations about consequential exhibits. These notes supplement my review of a transcript, and are especially helpful if there is no transcript.
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  • Wednesday, February 26, 2025 12:10 PM | Perry L Taylor
    As an arbitrator, I almost always take notes. Most importantly it allows me to record questions to ask without interrupting the flow of a presentation. Secondly, it allows me to record my thoughts as the evidence and arguments are presented. It keeps me focused.
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  • Saturday, March 01, 2025 11:16 AM | Julia Sullivan
    I think this is a topic to be discussed at the PHC. If I must write a detailed award, I generally include an executive summary up front.
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  • Saturday, March 01, 2025 3:24 PM | Archangela DeSilva
    I take notes to help me focus on issues and, if the hearing is multiple days over an extended period, my notes will help remind me what the issues are in the matter. I refer to my notes in order to help me find certain testimony when reviewing the hearing transcript.
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  • Wednesday, March 12, 2025 3:53 PM | Judith Nelson
    I served over 15 years as a workers compensation judge and always took extensive notes which often included personal contemporaneous observations regarding the witness demeanor or inconsistencies within the witness’ testimony or with another witness. We used tape recorders instead of court reporters and my notes have at times been required when the technology failed. If the keys are on silent there is no pecking sound and I do not need to stare at the keyboard to type. (Thank you, high school typing teacher!) in 20 plus years of Arbitration I record the Hearings if they are by zoom (with consent) and still take notes. I underline or highlight questions I have as the testimony unfolds so I can ask at the time or at the end.
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