Hon. Timothy K. Lewis Presented at the Sixth Annual Arbitration Training InstituteOn February 24, 2011 by Schnader
Hon. Timothy K. Lewis, co-chair of Schnader’s Appellate and Alernative Dispute Resolution Practice Groups, presented at the Sixth Annual Arbitration Training Institute sponsored by the American Bar Association Section of Dispute Resolution. Judge Lewis presented at two sessions, “Preparing for the Hearing” and “Hearing and Managing the Evidence.”
Topics covered in “Preparing for the Hearing” include:
- Chairing with neutral or non-neutral wing arbitrators;
- Request for mediation or settlement conference as impairing neutrality;
- Parallel proceedings in other arbitrations or court proceedings;
- Hearing subpoenas – issuance and enforceability in and outside the hearing jurisdiction;
- Pre-hearing exchanges, motions, and briefs;
- Time management and logistics – coordinating calendars, room layout, etc.;
- Motions in limine; and
- Pre-hearing briefs.
Topics covered in “Hearing and Managing the Evidence” include:
- Opening statements;
- Documentary evidence – exhibits, demonstratives, electronic evidence;
- Handling objections;
- Testimonial evidence – lay, expert, affidavit, video, teleconference, sequestration;
- Surprise evidence;
- Cumulative evidence;
- Site visits;
- Closing arguments and/or briefs;
- Neutrality pitfalls – new conflict disclosures during hearing e.g. arbitrator discusses a professional or social connection with witness or others; and
- Closing the record.
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