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October 2018 Archives

October 7, 2018

Final Pre-Hearing Conference - What are your thoughts?

What circumstances would obviate the need to hold a final pre-hearing conference before the evidentiary hearing? That is, after holding the preliminary hearing conference, the next time an arbitrator might conceivably speak to or see the parties and their counsel is at the evidentiary hearing. What are the advantages and disadvantages of not holding a final pre-hearing conference?

Please provide your thoughts/comments below.

October 14, 2018

Confidentiality - What are your thoughts?

Confidentiality is a bedrock foundation of most ADR processes. But is that time-honored attribute contributing to (a) the lack of regard or disdain that certain segments of the American public appear to have towards mandatory arbitration in the employment and consumer fields; and (b) the lack of diversity in the selection of ADR neutrals?

Please provide your thoughts/comments below.

Attorney-client privilege or attorney work-product doctrine - What are your thoughts?

What are best practices should an arbitrator be called upon to rule on a challenge as to a party's designation and withholding of a particular document from disclosure under the attorney-client privilege or attorney work-product doctrine so as to avoid the possibility of having the arbitrator be tainted by privileged/protected information in advance of the evidentiary hearing?

Please provide your thoughts/comments below.

October 20, 2018

Non-administered arbitration - What are your thoughts?

In a non-administered arbitration, how should a party-appointed arbitrator respond to a challenge by the non-appointing party to her/his continued seating/appointment?

Please provide your thoughts/comments below.

About October 2018

This page contains all entries posted to Resolution Roundtable in October 2018. They are listed from oldest to newest.

September 2018 is the previous archive.

Many more can be found on the main index page or by looking through the archives.