Originally from:

AAA Handbook on Arbitration Practice - Second Edition

Preview Page

CHAPTER 10

A PRELIMINARY HEARING IS NOT ENOUGH:
TIPS FOR A WELL-MANAGED ARBITRATION

Michael Chambers

I. Introduction

A preliminary hearing is a required first step in most arbitrations to
ensure that the process is orderly and efficient. This hearing, however, is
not enough to ensure a timely arbitration that will meet the goal of
holding the final hearing within one year of the filing of the demand.
This article provides insights and tips on critical issues that help meet
this goal: hands-on management by the arbitrator, a comprehensive
scheduling order, and a pre-hearing conference one week before the final
hearing to resolve any remaining problems. Although this article is
written for arbitrators, it should hold as much interest for attorneys and
parties in the process.

II. Issue a Comprehensive Scheduling Order

The arbitrator must issue a scheduling order setting deadlines for the
completion of all the critical steps in the pre-hearing phase of the
arbitration. There are several issues in this phase that affect the hearing
on the merits. These include the identification of claims, defenses and
counterclaims; the calculation of damages; arbitrability and jurisdiction
of the arbitrator; the exchange of relevant documents; the deposition of