Basic Skills for the New Arbitrator

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ISBN: 9780967097329 | 0967097320
Cover: Paperback
Copyright: 5/1/2004

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Basic Skills for the New Arbitrator provides a detailed overview of arbitration, from the prehearing phase through the hearing and deliberation of the award. It guides the new arbitrator through the arbitration process by answering the one hundred questions most frequently asked by new arbitrators. BASIC SKILLS FOR THE NEW ARBITRATOR has been used successfully for self-instruction and as a training manual. It is not just for new arbitrators! Experienced arbitrators and attorneys who represent clients in arbitration will find this manual extremely useful. The discussion of evidentiary concepts is especially valuable for non-attorney arbitrators, who must deal with the evidentiary vocabulary of the legal profession. You will learn to provide the necessary ethical disclosures, conduct a preliminary conference issue prehearing orders, establish a discovery schedule, resolve discovery disputes, deal with attempted delays, preside at a hearing, render an award, and avoid prejudicial conduct.

Introduction	p. 17
The Myth and Reality of Arbitration	p. 19
Glossary	p. 23
One Hundred Questions	p. 25
The Arbitration Process and the Role of the Arbitrator	p. 28
What is the Difference Between Binding and Non-Binding Arbitration?	p. 28
What is The Difference Between Arbitration and Mediation?	p. 28
When Do Parties Agree to Resolve a Dispute By Arbitration?	p. 29
What If a Party to an Arbitration Agreement Files a Lawsuit Instead?	p. 29
Do I Have to Be a Lawyer in Order to be an Arbitrator?	p. 30
Why Do Some Cases Need More Than One Arbitrator?	p. 31
Even If I Can Learn the Procedures, What About the Rules of Evidence?	p. 31
What Questions Do I Ask About the Case When I am Appointed as the Arbitrator?	p. 33
What Information Do I Disclose?	p. 33
What Documents Do I Need to Review After I am Appointed?	p. 36
May the Respondent File a Counterclaim?	p. 37
Prehearing Procedures and the Preliminary Conference	p. 40
How Do I Communicate With the Parties After I am Appointed?	p. 40
I've Been Appointed and I've Made the Necessary Disclosures - Now What Do I Do?	p. 41
Why Do I Need a Preliminary Conference?	p. 41
What Procedure Do I Use to Initiate the Preliminary Conference?	p. 43
Where Do I Hold the Preliminary Conference?	p. 43
How Do I Conduct the Preliminary Conference?	p. 44
Why Do I Need the Parties to Explain the Case at the Preliminary Conference?	p. 45
How Do I Get the Parties to Conduct Prehearing Discovery If I Have No Authority to Enforce Discovery?	p. 46
How Do I Determine a Discovery Schedule and Hearing Date?	p. 47
What Other Matters Can Be Discussed at a Preliminary Conference?	p. 48
Should I Inquire If There Have Been Any Attempts to Settle The Dispute?	p. 48
Should I Participate In Settlement Discussions?	p. 49
Why Not?	p. 49
What If the Parties Ask Me to Attempt To Mediate the Dispute?	p. 50
Is the Preliminary Conference Always Held in Person, or Can I Do It By Telephone?	p. 51
How Do I Assure That the Parties Abide By the Agreed Prehearing Schedule?	p. 52
How Do I Deal With Parties Who are Not Represented By Lawyers?	p. 52
Prehearing Submissions, Subpoenas, and Discovery Disputes	p. 54
What Type of Information Should the Parties Submit Before the Hearing?	p. 54
How Do I Issue Subpoenas If the Parties Want to Subpoena Witnesses or Documents to the Hearing?	p. 55
What Types of Discovery Disputes Might I Be Required to Resolve?	p. 56
How Do I Decide Discovery Disputes?	p. 56
What If Someone Upon Whom a Subpoena is Served Does Not Appear at the Hearing?	p. 57
If the Hearing Concludes Before a Party Enforces a Subpoena, Does the Party Lose the Right to Hear the Testimony or Have the Documents Produced?	p. 57
Conducting the Hearing	p. 60
What are the Common Methods a Party May Use to Delay a Hearing?	p. 60
How Do I Deal With Attempts to Delay the Hearing?	p. 60
What Facilities Do I Need to Have a Hearing, and Where is the Best Place to Have It?	p. 62
What Seating Arrangement is Used for the Hearing?	p. 62
What is the General Procedure Used at a Hearing?	p. 63
In General, How Do I Best Perform My Duties as an Arbitrator During the Hearing?	p. 64
What is the Difference Between Argument and Testimony?	p. 65
What Can I Do If I Believe an Opening Statement is Too Long?	p. 66
Who is Allowed in the Hearing Room?	p. 66
What About Witnesses That are Neither Parties Nor Necessary Persons?	p. 67
What If the Parties Want the Witnesses In The Room and I Don't?	p. 67
How Do I Avoid Improper Contact With the Parties During the Hearing?	p. 68
How Do I Deal With Parties That are Not Represented By Counsel at the Hearing?	p. 69
Does Arbitration Require a Court Reporter and a Transcript of the Proceedings?	p. 70
Do I Need a Transcript to Arrive at My Decision?	p. 70
If the Parties Ask Me If I Prefer a Court Reporter, What Do I Tell Them?	p. 71
Should I Take Notes During the Hearing?	p. 72
May I Question a Witness?	p. 72
If It Appears There is an Important Question or an Issue That Both Parties Are Intentionally Avoiding, Should I Ask the Question or Raise the Issue?	p. 73
Is There Anything I Should Not Do During a Hearing?	p. 73
What If a Witness Becomes Sick and One of the Parties Wants to Postpone the Hearing?	p. 74
What If the Respondent Fails to Participate in the Arbitration By Not Responding to the Arbitration Demand?	p. 74
If the Respondent Fails to Appear at the Hearing, Does the Claimant Automatically Win?	p. 75
Do Witnesses Testify Under Oath?	p. 75
How is an Oath Administered to a Witness Testifying Through an Interpreter?	p. 76
Evidence and Objections	p. 78
Do I Need To Know the Rules of Evidence?	p. 78
What are the Most Common Objections?	p. 78
How Do I Resolve an Objection That Information is Not Relevant?	p. 78
How Do I Resolve an Objection That a Question is Leading?	p. 79
What is Hearsay?	p. 80
How Do I Rule On Hearsay Objections?	p. 82
What Does "Objection for Lack of Foundation" Mean?	p. 83
Does the Person Who Wrote a Document Have to Testify About It Before I Can Consider It?	p. 83
How Do I Rule On Objections to Documents?	p. 84
What Other Types of Evidence May Be Offered at a Hearing Besides Testimony and Documents?	p. 84
Are Summaries of Documents Proper Evidence?	p. 85
What Weight Do I Give to Evidence?	p. 86
How Do I Visit the Site of the Dispute?	p. 86
Witnesses, Admission of Documents, and Closing Arguments	p. 88
Can I Suggest to the Parties How They Should Present Their Case?	p. 88
How Do I Deal With Hostile Witnesses?	p. 89
How Do I Deal With Hostile Parties?	p. 89
How Do I Deal With Hostile Attorneys?	p. 90
What Should I Do If for the First Time at the Hearing I Recognize a Witness as Someone That I Know?	p. 91
What is a Fact Witness?	p. 92
What is the Difference Between a Fact Witness and an Expert Witness?	p. 92
How Do I Know That a Witness is Really an Expert?	p. 93
Do I Admit a Document as a Hearing Exhibit That a Party Did Not Give to the Other Party in Discovery and Did Not Include in the Exhibits Submitted Before the Hearing?	p. 93
How Do the Parties Summarize What They Think They Have Proved After the Hearing?	p. 94
Should the Parties Present Closing Arguments or Posthearing Briefs?	p. 94
The Arbitration Award	p. 98
How Do I Decide Who Prevails?	p. 98
I am Looking at My Notes and I Cannot Remember What the Witness Looked Like How Can I Avoid This?	p. 98
How Can I Understand the Legal Issues If I am Not an Attorney?	p. 99
When Must I Have Render My Award?	p. 99
What is the Form of My Award?	p. 99
What If the Parties Request a Written Opinion Which Includes My Reasons for Making the Award?	p. 100
Does the Non-Prevailing Party Pay the Prevailing Party's Legal Fees?	p. 100
After the Award	p. 104
When Are the Arbitrator's Duties Concluded?	p. 104
What Should I Do With My Notes After I Render the Award?	p. 104
What Should I Do With the Hearing Exhibits After I Render the Award?	p. 104
May I Discuss My Reasoning With the Parties After I Render the Award?	p. 105
How is an Arbitration Award Enforced?	p. 105
How Does a Disappointed Party Challenge an Arbitration Award?	p. 106
Getting Paid	p. 110
How Do I Arrange Compensation for My Services?	p. 110
How Do I Make Sure I am Paid?	p. 111
What If the Parties Have Not Paid or Have Only Partially Paid In Advance When the Hearing is Concluded?	p. 111
Conclusion	p. 112
What is the Most Fundamental Principle of Being an Arbitrator?	p. 112
This is Your Question!	p. 113
Forms	p. 116
Request for Preliminary Conference	p. 117
Prehearing Order	p. 118
Subpoena	p. 120
Arbitration Award	p. 121
Preview of the Companion Volume Basic Skills for the New Mediator	p. 122
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Basic Skills for the New Arbitrator

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