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Basic Skills for the New Arbitrator

Allan H. Goodman

ISBN13: 9780967097312

ISBN: 0967097312

Published: March 1994

Publisher: Solomon Publications

Format: Paperback

Price: Out of print

A ""hands-on"" training text that provides an overview of arbitration, from the prehearing phase through the hearing and deliberation of the award. The book answers 100 questions frequently asked by new arbitrators. There is a discussion of evidentiary concepts, which should prove useful for non-attorney arbitrators, who sometimes deal with the evidentiary vocabulary of the legal profession. 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.

Contents:: The myth and reality of arbitration - what is the difference between binding and non-binding arbitration?; what is the difference between arbitration and mediation?; when do parties agree to resolve a dispute by arbitration?; what if a party to an arbitration agreement files a lawsuit?; do I have to be a lawyer in order to be an arbitrator?; even if I can learn the procedures, what about the rules of evidence?; what questions do I ask about the case when I am appointed as the arbitrator?; what documents do I need to review after I am appointed?; how do I communicate with the parties after I am appointed?; what procedure do I use to initiate the preliminary conference?; where do I hold the preliminary conference?; how do I conduct the preliminary conference?; why do I need the parties to explain the case at the preliminary conference?; how do I get the parties to conduct prehearing discovery if I have no authority to enforce discovery?; how do I determine a discovery schedule and hearing date?; what other matters can be discussed at a preliminary conference?; should I enquire if there have been any attempts to settle the dispute?; should I participate in settlement discussions?; what if the parties ask me to attempt to mediate the dispute?; how do I assure that the parties abide by the agreed prehearing schedule?; how do I deal with parties who are not represented by lawyers?; what type of information should the parties submit before the hearing?; how do I issue subpoenas if the parties want to subpoena witnesses or documents to the hearing?; what types of discovery disputes might I be required to resolve?; what if someone upon whom a subpoena is served does not appear at the hearing?; 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?; what are the common methods a party may use to delay a hearing?; what seating arrangement is used for the hearing?; what is the general procedure used at a hearing?; in general, how do I best perform my duties as an arbitrator during the hearing?; what is the difference between argument and testimony?; what can I do if I believe an opening statement is too long?; who is allowed in the hearing room?; what about witnesses that are neither parties nor necessary persons?; what if the parties want the witnesses in the room and I don't?; how do I avoid improper contact with the parties during the hearing?; how do I deal with parties that are not represented by counsel at the hearing?; does arbitration require a court reporter and a transcript of the proceedings?; do I need a transcript to arrive at my decision?; should I take notes during the hearing?; may I question a witness?; 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?; is there anything I should not do during a hearing? (part contents).