Effective Preparation, Openings and Advocacy in Arbitration

Drawing on their experience presiding over hundreds of large, complex arbitrations and litigating high stakes matters, Edna Sussman (www.sussmanadr.com), and Charles Moxley, Jr. (www.moxleyadr.com) introduce you to the "arbitration difference" – how this process differs from litigation, and how arbitration counsel can optimize results for their clients.

In this course, Edna and Charles discuss how to avoid the pitfalls of non-compliance with "step-clauses" as to negotiation and mediation that appear in many arbitration clauses, harness the rules of the applicable arbitration providers in the particular case, and draft arbitration pleadings that capture the arbitrators' hearts and minds from the outset. They address how to seek interim relief in court and in arbitration tribunals when necessary and how to represent clients in the preliminary hearing in such a way as to obtain the scope of process and schedule most suited to one's client's needs in the particular case. Additionally, they explain how to effectively communicate with arbitrators, both through written and oral submissions in all phases of the case.

Learning Objectives: 

I.     Understand the fundamental differences between arbitration and court-based litigation 

II.    Harness the potential of the "arbitration difference" to best achieve one's client's objectives in the particular case 

III.   Select arbitrators appropriate for the case 

IV.   Obtain the amount of discovery and motion practice most helpful to one's client in the particular case

V.    Win the hearts and minds of arbitrators in all phases of the case 

VI.   Persuade arbitrators to decide one's case based on the law or the equities or some combination thereof, depending upon the needs of the case 

VII.  Deliver effective opening and closing statements and pre-hearing and post-hearing briefs 

VIII. Assist arbitrators in understanding one's case through providing key exhibits, demonstratives, summaries, draft award language, and proposed outlines of the desired award

This course originally appeared as a part of our June 2016 Bridge the Gap Event.