Navigating the Arbitration Process From Inception to Conclusion

Our esteemed panel will discuss the various stages of the arbitration process. This program will focus on a practical approach to best represent your client during same. 

The speaker will not only provide insight into the process but will also provide best practices to guide attorneys through a productive process utilizing the arbitration process for the settlement of cases.

• The decision to arbitrate – Will explore the factors that go into determining whether or not to arbitrate (4 minutes)
• Arbitration Agreements – A overview of the importance of the arbitration clause to be negotiated at the inception of a dispute (4 minutes)
• Pre-arbitration mediation – An exploration of the value of this process (4 minutes)
• Arbitrators – Points to be considered in determining whether or not to use a single arbitrator versus a panel and the related benefits and selection process (5 minutes)
• Preliminary conference – Importance of the preliminary conference and topics to be discussed (4 minutes)
• Confidentiality agreements – Why confidentiality is important in the arbitration process (4 minutes)
• Discovery – A discussion of the arbitral supervision of discovery, resolving discovery disputes, addressing issues concerning third-party discovery (5 minutes)
• Pre-arbitration submissions – A review of the process and what to include/what to leave out, as well as the effective use of exhibits (4 minutes)
• Preparation of clients and witnesses for the hearing, best practices in the use of expert witnesses, including direct and cross examination of witnesses (5 minutes)
• Proof of both liability and damages – A discussion of the importance of proving the value of liability and damages (5 minutes)
• Virtual versus in-person hearings – A review of the pros and cons of both virtual and in-person hearings (4 minutes)
• Making concessions – A discussion of the value of knowing when to make concessions and the potential to aid in the settlement of your case (4 minutes)
• Oral argument – A review of the consideration in planning your oral argument (4 minutes)
• Final submissions – A discussion of the importance of these submissions (4 minutes)

Skills credit for NY Attorneys 

Who Should Attend: Outside and in-house litigation counsel and attorneys engaged in the transactional process, who are both new to and experienced in arbitration regardless of their specific area of specialization in the law.

Program Level: Overview

Prerequisites:  An interest in arbitration

Advanced Preparation: None

Faculty:

Hon. John P. DiBlasi (Ret.)

NAM (National Arbitration and Mediation)