Federal Article Feeds In Arbitration, Focus on Pre-Hearing Conference
Some of the nation’s most experienced arbitrators recently conducted the Third Annual ABA Section of Dispute Resolution Arbitration Training Institute in New York. The arbitrators stressed that one of the most important phases of arbitration takes place well-before the hearings themselves: the initial pre-hearing planning conference. In that initial call or conference with the arbitrators, advocates should be prepared to address arbitrability, discovery, including e-discovery, substantive motions, the potential length of the hearing, attendance of witnesses, submission of briefs, and even whether the parties will prefer a brief or detailed award. As the courts continue to defer to arbitration, counsel should play an active role in streamlining the process and resist the tendency to make arbitration as complicated, expensive, and drawn out as litigation.