ARBITRATION (Arbitrator's) Preliminary Hearing

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ARBITRATION (Arbitrator’s)

Preliminary Hearing

*Cover all pertinent topics with parties and counsel

-Expectation of civility and professionalism


-Applicable rules and governing law
-Arbitrabilty of all issues
-Discovery
-Prehearing motions and briefing schedules
-Amended pleadings
-Addition or joinder of parties
-Witness lists
-Observers and other attendees
-Hearing exhibits
-Fact stipulations
-Order of evidence
-Sequestration of witnesses
-Burden and standard of proof
-Position statements or prehearing briefs
-Stenographer
-Interpreter
-Special needs for physically impaired attendees
-Hearing date
-Place of hearing; arrangement of hearing room
-Length of hearing
-Subpoenas
-Prohibition against ex parte communications
-Site inspections
-Audio-visual aides
-Experts
-Need for final oral arguments; post-hearing briefs
-Nature and form of award
-Any appeal procedures
-Pre-arbitration mediation
-Additional preliminary hearings

*Considering procedural alternatives

-Videotaped or telephone testimony


-Bifurcation
-Consolidation of claims
-Phasing the arbitration
-Class action procedure

Arbitration Advocacy, Appendix B , 2nd Edition by John W. Cooley and Steven


Luber, NITA, Practical Guide Series, Notre Dame, IN, 2003

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