FRIDAY, JULY 2
Managing the Process, Managing the Hearing
8:00 a.m.
Continental Breakfast
8:45 a.m.
Managing the Discovery Process
Topics covered: Applicable rules regarding discovery; Expert discovery; Electronic discovery;
Third party discovery; Confidentiality; Objections
and motions to compel; Sanctions.
Faculty:
John R. Phillips
Stephen L. Hayford
10:15 a.m.
Break
10:30 a.m.
Managing the Parties and theirLawyers
Topics covered: Absent parties – absent claimant, absent respondent, Represented and
unrepresented, at first session or later session; Prose parties; Discharging or retaining counsel
during hearing; Requests to postpone hearing;
Attitude adjustment – orienting counsel to
the dispute resolution process and mindset;
Misbehavior of counsel or parties; Sanctions and
enforceability; Non-compliance with arbitrator’s
rulings and orders; Sanctions; Scheduling and
logistics; Dispositive motions.
Faculty:
John R. Phillips
Stephen L. Hayford
Noon
Lunch
Recent Developments in Arbitration Law
Faculty:
Richard Chernick
1:45 p.m.
Preparing for the Hearing
Topics covered: Chairing with neutral or nonneutral wing arbitrators; Request for mediation
or settlement conference as impairing neutrality;
Parallel proceedings in other arbitrations or
court proceedings; Hearing subpoenas – issuance and enforceability in and outside the hearing jurisdiction; Pre-hearing exchange of witness
exhibits and brief (if any) time management/allocation; Scheduling and logistics – coordinating
calendars, room layout, etc.; Motions in limine;
Pre-hearing briefs.
Faculty:
Richard Chernick
3:15 p.m.
Break
3:30 p.m.
Conducting the Hearing and Managing
the Evidence
Topics covered: Determining order of proof in advance; Opening statements; Exhibits; Testimony– lay, expert, affi davit, video, teleconference, sequestration; Direct and cross-examination;
Surprise evidence and cumulative evidence; New confl ict disclosures during hearing, e.g.; Arbitrator discusses a professional or social connection with witness or others; Site visits; Briefs and/or closing arguments; Closing the record.
Faculty:
Richard Chernick
William Fitzgerald
5:00 p.m.
Question and Answer Period
5:30 p.m.
Adjourn
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