Agreed Statement of Facts/Arbitration

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frustratedwithex

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We have proceeded to arbitration after months of mediation and are in the process of compiling the documents needed to send to the arbitrator.

What is the importance of the 'Agreed Statement of Facts'? and what happens if we don't agree?

Right now there are a couple of facts that I have included that ex. has crossed out. I'm not sure if I need to agree with him or insist that my facts be included. It is still a draft and has not yet been sent to the arbitrator.
 
Of course you can't insist they be included ... you don't agree on them!

You could possibly enter the arbitration with NO agreed facts.
 
if facts are not agreed upon - than they will be open for contest come trial.

If you do agree to a specific fact - it will be considered factual for the purposes of trial - and need not be discussed further.

Simple.
 
dinkyface said:
Of course you can't insist they be included ... you don't agree on them!

You could possibly enter the arbitration with NO agreed facts.
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Okay, I get that they need to be agreed on. duh!

What I need to know is, how important is this document? There will also be affidavits and briefs filed.

We were together for about 30 years and some of the facts he has crossed out were, in my opinion, basic stuff between us, such as , 'the sky is blue', so to speak, and he does not agree.

So do I present it to him again and insist that it is a fact? [and I am only using the 'sky' as an example], or let it go and possibly put it in my affidavit? How important are the facts that we do agree on?

There is also work history for both of us. I can remember some of the jobs he had, but not all of them. His list is probably complete, but I can't say for certain.

Is it important that all the information is accurate before I agree? or is it assumed that because it was over 30 years some information may have been forgotten?

And we are in arbitration, there will be no court.
 
You are losing control of your lawyer. Your lawyer should not be deciding anything. This is your life, you decide, you should make informed decisions, your lawyer should be your primary, trustworthy source of information. If your lawyer is taking over like that, you have lost control of billing, and possibly much more.
 
Mess said:
You are losing control of your lawyer. Your lawyer should not be deciding anything. This is your life, you decide, you should make informed decisions, your lawyer should be your primary, trustworthy source of information. If your lawyer is taking over like that, you have lost control of billing, and possibly much more.
Click to expand...

I believe it was the ex.s lawyer that asked that it not be sent. He had been out of town and had not had enough time to discuss fully with ex. about the content. This was after my lawyer prepared the initial draft, and the exs lawyer responded, (I assumed he had communicated with ex).

I go into my lawyers office to sign it, as well as my affidavit, and my lawyer tells me the statement of facts won't be included.

So, what should I have done? or should do now? Get ex to pay half the bill for preparing the document?
 
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