Disputes and motions

Why this matters

Most arbitrators have little patience for long fights over paper. Your goal is to look reasonable, specific, and organized. A short, accurate filing that follows the rules builds credibility, and a long one that breaks them spends it.

This is general information, not legal advice.

Meet and confer as a real conversation

Many scheduling orders require you to confer before you bring a dispute to the panel. Treat it as a real conversation, not a form letter.

1. Offer two or three times to talk. Put the offer in writing.
2. Call or meet. Do not just trade emails and call that conferral.
3. Take notes during the call. Write down the date, the time, who was there, and what each side said.
4. Send a recap email the same day. State what was agreed, what was refused, and what happens next.
5. Keep your emails short and professional. The other side may describe an email as a refusal or as bad faith, so write each one as if the panel will read it.

A failed conferral alone rarely wins anything. Its value is that it proves you tried, and the recap email is your proof.

Deficiency letters come first

Before you file a motion, send a letter listing what is missing and what you want. Cut it to the few items that matter. Dozens of items tire the reader. A deficiency letter can only demand what your original request covered.

Letter motions

When the order uses letter motions, follow the format exactly.

• Stay within the page limit.
• State that you conferred, with dates.
• Ask for specific relief, such as a sworn search statement, written confirmation that no document exists, a conditional order, or an adverse inference in the alternative. A concrete request is easier to grant.
• Put the proof in exhibits, not the body. Quote the exact words and give the document's page or Bates number.
• Offer a proposed order if the panel allows one.

Before you accuse the other side of anything, audit your own filings for the same error. Your mistakes become their argument.

Object to rule breaches right away

If the other side goes over the page limit, misses a deadline, files late, or skips conferral, decide the same day whether to object. Do it in writing. AAA Rule R-39 says a party who goes ahead "after knowledge that any provision or requirement of these Rules has not been followed, and who fails to state objections in writing, shall be deemed to have waived the right to object." Write down a send-by date for yourself.

Keep two things apart. A procedural objection (they broke the page cap) is different from a merits reply. Even where replies are barred, a short note that a filing breaks the order is usually fair. If you are unsure, ask the panel in one sentence whether it wants a response.

False statements to the panel

When a letter says something the record contradicts, put the statement and the contradicting document side by side. Keep the tone factual and let the panel draw the conclusion.

Decide on purpose whether to write to the other side first and ask them to correct the statement. A request to correct can fix the record quickly and shows good faith. It also gives the other side a quiet way out, and it can turn into a bargaining chip. Either choice can be reasonable. Whichever you choose, check that your own record is clean first, and keep the tone factual.

Motions to compel

A motion to compel asks the arbitrator to order a response. AAA R-21 gives the arbitrator power to order responses to reasonable document requests for relevant and material documents. JAMS Rule 17 sends disputes to the arbitrator. Before you file one, check that you have these.

• A specific request that was served on a date you can show.
• The response, or proof there was none.
• A deficiency letter and a conferral record.
• A narrow ask.

Read the ruling closely when it arrives. A ruling can grant you relief and still impose duties on you, sometimes with no deadline. Ask for a date. A ruling "without prejudice" leaves the issue open, so it can be raised again later.

Sanctions need a rule or an order

Do not ask for sanctions unless you can point to the rule or order that supports them. AAA R-22(d) lists adverse inferences, exclusion of evidence, and special allocation of costs "in the case of willful non-compliance with any order issued by the arbitrator." That means you usually need an order first.

AAA R-57 is broader. It lets the arbitrator, on a party's request, order sanctions against a party that "has failed to comply with its obligations under these Rules or with an order of the arbitrator." The other side must get a chance to respond first, and the arbitrator "may not enter a default award as a sanction." JAMS Rule 17 gives enforcement tools too. Read your own rules.

Do not count on recovering fees for your own time as a self-represented person. Many courts do not allow it, and an arbitrator may follow suit.

Dispositive motions under R-32

AAA R-32 allows written motions only at the arbitrator's discretion. A dispositive motion, such as summary judgment, is allowed "only if the arbitrator determines the moving party has shown that the motion is likely to succeed and to dispose of or narrow the issues in the case." The arbitrator weighs the time and cost of briefing. JAMS Rule 18 uses a similar test.

This bar is stricter than in court. Which version of the rules applies depends on when your filing met the administrative requirements (R-1), so check. We have not confirmed whether the standard is new in the 2025 amendments. The AAA's summary of changes is listed in this chapter's sources.

If you are the employee, think hard before you move for summary judgment on your own claims. Intent and causation are usually fact questions. A failed motion costs time and shows your hand.

Cite only what you have read

If you cite a case, read the full opinion, confirm the quote, court, year, and holding, and check later treatment. AI tools invent cases. A fake citation to a panel is a serious loss of credibility. Part 1 of this site covers the verification workflow. If you find no case, say what you searched. Include your state's courts, not only federal ones.

Checklist

• Conferral offered in writing, held, and recapped the same day.
• Deficiency letter sent, limited to what you originally asked for.
• Letter motion within the page limit, with specific relief.
• Rule breaches by the other side noted with a send-by date.
• Your own filings audited before you accuse anyone.
• Sanctions request tied to a rule or an order.
• Every case you cite read in full and verified.

Check your state

• Professional conduct rules about candor to a tribunal differ by state and apply to lawyers, not you. They still shape how panels react.
• If your order borrows court procedure, learn it. In a New York arbitration, an order may say that court rules such as the CPLR are persuasive only. Read what your order actually says.
• State law on fee recovery for self-represented parties varies.
• Late-request and waiver rules are state-specific.

For the objections you will be fighting over, see Chapter 16. For defenses with no facts behind them and whether a motion to strike is worth it, see Chapter 18.

Next: Chapter 10, Expect personal attacks.

Sources

• AAA Employment Arbitration Rules (R-21, R-22, R-32, R-57)
• AAA summary of changes to the Employment Rules
• JAMS Employment Arbitration Rules (Rules 17 and 18)