Witnesses in an arbitration are sworn to tell the truth in a manner similar to the procedure used in a court of law. However, this process does not guarantee that a particular witness will tell the truth. Most experienced arbitrators are sensitive to internal inconsistencies in a witness’s testimony and to the witness’ responses to opposing counsel’s cross examination when assessing the veracity of a witness. An arbitrator’s review of the hearing record (either the arbitrator’s notes or a court reporter’s transcript) may also reveal inconsistencies that lead an arbitrator to question a witness’s credibility. Still, arbitrators are generally careful not to draw unwarranted conclusions about a witness’s credibility based upon largely irrelevant cultural norms and involuntary responses – such as whether the witness was nervous or looked the arbitrator in the eye when responding to questions.
