Critical Considerations in Preparing for Arbitration

This one hour course will cover the basics necessary for a practitioner to handle a dispute in arbitration. The course will review the pros and cons to consider before advising a client to make use of alternative dispute resolution, what subjects to include in an arbitration agreement, and considerations in selecting an arbitrator. The program will also cover the necessary elements of the preliminary hearing, including discovery, document exchange, whether to provide for dispositions, and how motion practice is handled. When and how to use experts will be considered, as well as best practices in exchanging exhibit and witness lists, and whether the direct examination will be handled by written narrative or full testimony.

The course will also introduce the mechanics of the hearing, including opening statements, direct and cross examinations, the record, questions by the arbitrator, the closing arguments, and the decision and award.

Learning Objectives:

1. Review the pros and cons of arbitration for your client
2. Prepare for an arbitration hearing
3. Discuss best practices for obtaining a favorable decision and award