The document outlines topics to be covered in a preliminary arbitration hearing including expectations, applicable rules, discovery, witness lists, exhibits, position statements, hearing logistics, and procedural alternatives to be considered.
The document outlines topics to be covered in a preliminary arbitration hearing including expectations, applicable rules, discovery, witness lists, exhibits, position statements, hearing logistics, and procedural alternatives to be considered.
The document outlines topics to be covered in a preliminary arbitration hearing including expectations, applicable rules, discovery, witness lists, exhibits, position statements, hearing logistics, and procedural alternatives to be considered.
The document outlines topics to be covered in a preliminary arbitration hearing including expectations, applicable rules, discovery, witness lists, exhibits, position statements, hearing logistics, and procedural alternatives to be considered.
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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