Arbitration: The Importance of the Pre-Hearing Conference

One of the primary reasons that parties choose to arbitrate is to expedite the resolution of a dispute. The pre-hearing conference should create a clear and timely format to accomplish this. An experienced arbitrator should, in advance of the conference, require counsel to begin to collaborate as to how the process will be conducted. Whether the arbitrator does this or not, counsel should be proactive and attempt to resolve a series of issues in advance of the conference. The Honorable John P. DiBlasi, former Justice of the Supreme Court and award-winning Hearing Officer for NAM (National Arbitration and Mediation), discusses how parties can proactively and practically work toward resolving issues that may present themselves during arbitration by way of the pre-hearing conference.

Learning Objectives:

1. Explore the rules pertaining to the conduct of the pre-hearing conference, including collaboration between parties, the framework of the conference, and the exchange of information, including ESI

2. Discuss the importance of understanding the ADR provider's rules in advance, and whether to take the opportunity to adopt the ADR provider's rules in whole or in part

3. Identify the benefits of an early fixed schedule and the specific issues to be addressed

4. Review guidelines for virtual proceedings