1. THE ARBITRATION PROCESS
AN ARBITRATOR'S VIEW
KEYS FOR OPTIMIZING
THE ARBITRATION PROCESS
Deborah Hankinson
hankinsonlaw.com

2. WHAT IS ARBITRATION?
ARBITRATION IS
A private, flexible process that can be tailored to the nature of a particular dispute and the needs of the parties involved to achieve efficiency, timeliness, and fairness.
(The College of Commercial Arbitrators Guide to the Best Practices in Commercial Arbitration (2006))
ARBITRATION ISN’T
The functional equivalent of a trip to the courthouse.
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3. THE ARBITRATION AGREEMENT CONTROLS
Applicable rules
Requirements
Discovery
(full/limited/left to arbitrator's discretion)
Your agreement defines your
arbitration process.
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4. TAKE THE PLEDGE + PUT IT INTO ACTION
Pledge to give the parties the process they bargained for
Cooperate and collaborate with the arbitrator and opposing counsel.
Be guided by efficiency, timeliness, and fairness.
Honor the arbitration agreement, including limits on discovery.
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5. USE AN ARBITRATION ROAD MAP
Update before the hearing to clarify what will be presented
Identify pivotal issues
Know claims, defenses, and remedies
Update after the hearing to clarify what needs to be decided
Remember your pledge and shorten the distance to be traveled whenever possible.
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6. PREPARE INTELLIGENTLY FOR THE SCHEDULING CONFERENCE
Threshold and dispositive motions Informational exchange Additional discovery Prehearing briefing and more....
See AAA Commercial Rule P-2 for topics:
Clients should participate to ensure that everyone stays on the same page. 
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7. THE SCHEDULING ORDER SUPPORTS THE PROCESS
Be collaborative
Customize
Focus on efficiencies
Use creativity
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8. CUSTOMIZING IS KEY Design an approach that fits the case.
Think creatively and avoid the temptation to borrow from typical court procedures.
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9. Discovery should be streamlined and cost effective.
DISCOVERY IS DIFFERENT IN ARBITRATION
Start thinking about discovery in the context of arbitration as the prehearing exchange and production of information.
Change your mindset! 
Discovery should be streamlined and cost effective. 
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10. AIM FOR THE RIGHT FIT
The kind and scope of the informational exchange should match the nature of the suit, maximize efficiencies, and avoid undue expense.
Depositions should match the size and complexity of the matter.
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11. AVOID A MULTIPLICITY OF MOTIONS
Most roadblocks can be resolved quickly, effectively, and without substantial cost through consultation with an arbitrator.
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12. DISPOSITIVE MOTIONS
Permission required (R-33) Must show as a predicate that the motion likely will be successful and will dispose of or narrow the issues.
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13. MAKE CHOICES THAT FACILITATE THE HEARING
Expedite
Agree to a fair use of hearing time.
Plan so that the hearing can be completed in the time scheduled.
Use witness statements instead of live testimony (AAA Commercial Rule R-35).
Stipulate
Agree to the admission of exhibits.
Organize
Arrange exhibits for efficiency (group core documents, use chronological order, or employ other methods).
Disclose
Provide demonstrative exhibits in advance.
Share witness sequencing ahead of time.
Cooperate
Prepare a joint exhibit list and exhibit compilation (copies should be available to all participants).
Actively participate in a prehearing conference call to finalize hearing plans.
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14. USE EVIDENCE EFFECTIVELY AT ARBITRATION
Start with a wholesale, upfront admission of exhibits
Focus on the issues
Present complete evidence
Avoid leading witnesses
Limit objections
Use demonstratives for complicated, technical, and damages matters
Use an exhibit during the hearing to get a ruling on admissibility
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15. For more information on optimizing the arbitration process,
contact Deborah Hankinson. P: E: 15