Not Just for Litigators: What Every Lawyer Should Know About Arbitration

Overview: 

Most experienced litigators are familiar with and likely participated in various forms of dispute resolution ranging from negotiation and mediation to arbitration and full-scale litigation.  Unfortunately, the litigators may not be involved when the agreement is drafted and not have input on the best dispute resolution process for the issues that may arise later under the agreement. This important step, particularly considering whether to include an arbitration agreement and the terms that would be most helpful late when a problem occurs, is often overlooked or covered with boilerplate language.  

That approach shortchanges clients. Failing to consider theses issues carefully when drafting any agreement, is a miss opportunity.  To best protect client interests, it is important for transactional lawyers and litigators to understand the arbitration process and the myriad dispute resolution issues that should be considered in drafting and enforcing agreements. 

This course will address the following topics:

• How to draft arbitration provisions or arbitration agreements that protect client interests. Important issues to consider as arbitrator, forum, discovery, hearing preparation and form of award;
• How to select the right arbitrator or panel to decide your dispute;
• How to evaluate the pros and cons of arbitration compared to other options;
• Whether to seek discovery and the limits to set on type, amount and timing of discovery;
• Whether to file motions in arbitration and how to do so effectively;
• How to be an effective advocate in arbitration and how to avoid common mistakes lawyers make in arbitration;
• How to determine the form of award that is best for each situation; and
• How to enforce or challenge an arbitration award.

Course Objective: 

• To alert counsel to the importance of drafting an arbitration agreement that best protects clients and is not merely a cut and paste from another agreement.
• To provide strategies to assure the arbitrator or panel is objective and does not suffer from actual or implicit bias or undisclosed conflicts of interest.
• To provide strategies for arbitrator selection, handling the preliminary hearing and subsequent conferences with the arbitrator;
• To provide techniques to make a clear record to increase the likelihood of a favorable result or to minimize a negative result.
• To share common mistakes that lawyers make in drafting arbitration provisions and in representing clients in arbitration and proven steps to avoid them.

Target Audience: 

• Transactional lawyers of all levels of experience
• New to mid-level litigators and lawyers contemplating serving as an arbitrator

Basic Knowledge:

General knowledge of litigation, arbitration and ADR may be helpful but is not necessary.