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What will be discussed in a pre-arbitration conference call in a commercial case?

March 4, 2020

During the pre-mediation conference call, the following considerations will likely be discussed: when claims, counter claims, responses and statements of uncontested facts are due; when and where the hearing will take place; timing and parameters regarding discovery, witnesses and experts; how expert and other testimony will be presented; the timing of pre-hearing briefs; allocations of […]

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Are arbitrators allowed to issue subpoenas?

March 4, 2020

Arbitrators or anyone authorized by law may issue subpoenas. Parties are responsible for the drafting of the subpoena, service and enforcement. To see a template for a subpoena to use in an arbitration, click here.

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Can an arbitration be non-binding?

March 4, 2020

Before an arbitration, parties must agree that the arbitration will be either binding or non-binding. Most arbitrations are binding:  the parties agree that after they present their case to the arbitrator, the arbitrator will decide their case and render an award. The arbitrators decision will be final and binding on all parties to the arbitration. […]

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Can I choose the rules to use for a commercial arbitration?

March 4, 2020

Parties in a commercial case may agree to use our Commercial Arbitration Rules. Parties may also agree to use arbitration rules from another provider and ADR Systems can still administer the arbitration. Parties can agree to customize the arbitration rules and work through this process with their case manager.

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Should I share my submission with the other side?

March 4, 2020

Many mediators encourage some form of submission exchange between the parties. Often parties will share some of their submission with the other side and the remaining sections they will keep confidential – “For the Mediator’s Eyes Only.”

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What should I include in my mediation submission?

March 4, 2020

Your mediator may give you specific instructions regarding the content or length of your submission. To find a checklist of what to include in a submission, read the article titled “Writing an Effective Mediation Submission.”

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What will be discussed in a pre-mediation conference call?

March 4, 2020

During a pre-mediation conference call, the following will likely be discussed: the nature of the dispute and the status of any pending litigation; the names of those who will be attending the mediation on both sides; whether a joint opening session would be productive; and the content of the pre-mediation submissions and whether they will […]

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Judge Burke put forth extraordinary effort to settle.  He was extremely well prepared and spent a great deal of time working with each party toward a compromise.  Thanks to Judge Burke's follow-up efforts, post-mediation was disposed of by compromise.  My client was extremely impressed with the preparation, effort and atmosphere established by Judge Burke.

Rudolf G. Schade, Jr., Esq.Partner, Cassiday Schade LLP
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