Thirty Steps to a Better Arbitration - Chapter 11 - AAA Handbook on Arbitration Practice - Second Edition

Author(s):

Judith B. Ittig

Michael J. Bayard

Page Count:

10 pages

Media Description:

1 PDF Download

Published:

December, 2015

Author Detail:

Michael J. Bayard is a full-time construction arbitrator, mediator and project neutral. He chairs the AAA's Construction Advisory Subcommittee for the Los Angeles Region and teaches a graduate course in construction management at the University of Southern California, where he is an adjunct professor. He was recently named to the AAA’s National Construction Master Arbitrator Roster.

Judith Ittig serves on the AAA's commercial arbitrator panel, the ICDR's commercial arbitrator panel, and is on the AAA's National Construction Master Arbitrator Roster. Mrs. Ittig, an attorney at Ittig & Ittig, P.C. based in Washington, DC, is also a Fellow of the American College of Construction Lawyers and a Chartered Arbitrator/Fellow of the Chartered Institute of Arbitrators (London).

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Originally from:

AAA Handbook on Arbitration Practice - Second Edition

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CHAPTER 11

THIRTY STEPS TO A BETTER ARBITRATION

Judith B. Ittig and Michael J. Bayard

I. Introduction

Our skills as arbitrators improve with every arbitration we hear. Each

case brings unique situations, unusual requests for relief, scheduling

problems, different approaches to the presentation of evidence, and new

award-writing challenges. We learn from the process, from the parties in

each case, and from our fellow arbitrators. What follows are our top

thirty tips, which you cannot find in any arbitration rules, since they are

gleaned from actual cases we have heard and those our colleagues have

told us about. We thought other arbitrators might find them worth

adopting, or adapting, in future arbitrations.

II. Before the First Preliminary Conference

Tip 1: One reading of the pleadings is not enough

Reread the demand, answering statements and counter-demand. Then

diagram them, including the names of the parties and their counsel, and

the parties’ claims and defenses. When you have finished the diagram,

ask yourself: “Can I describe in my own words (in less than one minute)