The Right Balance: When Do Arbitrators Need to Be Proactive, When Should They Leave Things to the Parties?

CPR Dispute Resolution Event

Arbitrators are invited to attend this informative webinar on Thursday, January 23rd, from 4:00 PM to 5:00 PM EST.

Moderator:

Natasha Richardson, CPR Dispute Resolution

Speakers:

John Burritt McArthur, Independent Arbitrator & CPR Distinguished Neutral

Gary L. Benton, Independent Arbitrator & CPR Distinguished Neutral

Program Description:

Being a fair, neutral, and independent arbitrator requires a careful balance. 

Arbitrations do need to be managed appropriately to achieve the speed and low-cost efficiency that are goals. This means giving parties guidance on your expectations before the prehearing conference, cutting time of parties who ask to take too much time for prehearing preparation or the hearing, asking if there really are any disputed facts when a submitted claim or defense seems is an obvious dispositive  legal question, telling parties what should be discussed in pre- and post-hearing briefs, and giving clear reasons when a reasoned award is required.

But going overboard can make an arbitrator appear to be partial or sometimes act in a partial way. So forcing unrequested briefing on the parties, imposing strict rules of evidence on the parties, requiring a Zoom hearing when parties want a live one, requiring international practices like hot-tubbing and direct testimony only in written statements in domestic arbitration, injecting a claim or defense that seems obvious to you, or doing detailed undisclosed independent research a party should have done can derail an arbitration and expose it to a vacatur challenge.

Two arbitrators with decades of experience, John McArthur and Gary Benton, will discuss how they draw this sometimes subtle, sometimes obvious line.

Registration and Fees:
Advance registration is required.
This event is free for Neutrals on the CPR Panel of Distinguished Neutrals. 

For others, the fee is $49, payable at registration with a credit card.

CLE Credit:
The organizers expect to receive approval for 1 NY CLE credit for experienced attorneys in Professional Practice. (Please note: While a recording of this program will be published, CLE credit is only available to those that attend the live webinar.)

*NY CLE: CPR (International Institute for Conflict Prevention & Resolution) has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of Continuing Legal Education in the State of New York. This continuing legal education course has been approved in accordance with the requirements of the New York State CLE Rules and Regulations for credits as indicated above.

CPR Financial Aid Policy:
CPR is a non-profit organization.  Under financial hardship guidelines, at its discretion, CPR may waive the fee for attorneys who demonstrate that they are not currently employed (not retirees). CPR may also provide a special discounted price to attorneys, full time judges and administrative law judges practicing in the nonprofit and public sectors full time. Please contact Helena Tavares Erickson at herickson@cpradr.org to request financial assistance with this program.

Questions?
Contact Micah Seigel at mseigel@cpradr.org with any questions or to obtain assistance registering.