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10 Ways to Make Arbitration Faster, Better, and Cheaper

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10 Ways to Make Arbitration Faster, Better, and Cheaper

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10 Ways to Make Arbitration Faster, Better, and Cheaper

  1. 1. Copyright © 2015 John DeGroote Services, LLC 10 Ways to Make Arbitration Faster, Better, and Cheaper JAN 23, 2015 TexasBarCLE • Alternative Dispute Resolution Course • Austin John DeGroote • Lionel M. Schooler
  2. 2. Copyright © 2015 John DeGroote Services, LLC 2 1. Control the Process • Be proactive from the start • Be specific about what you want • Write a clause that works “ “Control your own destiny, or someone else will. - Jack Welch
  3. 3. Copyright © 2015 John DeGroote Services, LLC 2. Eliminate the Outlier 3 • Constrain the process • Time • Scope • Limit damages • Exclude remedies • Limit your arbitrator’s authority
  4. 4. Copyright © 2015 John DeGroote Services, LLC 3. Pick a Better Arbitrator 4 • Agree in advance • To an arbitrator • To a process • Do your homework • What do you know about her… • Expertise? • Approach? • Efficiency? • Integrity?
  5. 5. Copyright © 2015 John DeGroote Services, LLC 4. Get a Scheduling Order that Works 5 • It’s not litigation • The dispute is narrow • Discovery can be tailored • e-Discovery can be limited
  6. 6. Copyright © 2015 John DeGroote Services, LLC 5. Present Evidence More Efficiently 6 • Do you need direct testimony? • Can your arbitrator read depo excerpts? • Will evidence summaries work?
  7. 7. Copyright © 2015 John DeGroote Services, LLC 6. Appoint Three Arbitrators as a Check 7 • There’s safety in numbers • Three heads are better than one • A substitute for appeals? • But…
  8. 8. Copyright © 2015 John DeGroote Services, LLC 7. Recognize that 3 > (3 x 1) 8 • Three sets of fees • Three schedules • …and the work expands to fill the time • Debate takes time
  9. 9. Copyright © 2015 John DeGroote Services, LLC 9 8. Pick Better Facilities • Wi-Fi • War rooms • White boards • Copiers • Airport access • Witness convenience • Caliber of hotel/amenities
  10. 10. Copyright © 2015 John DeGroote Services, LLC 10 9. Keep the Client Involved • Part of the solution, or part of the problem? • Visibility into delays, costs, and more • What’s the incremental value of another deposition?
  11. 11. Copyright © 2015 John DeGroote Services, LLC 10. Build in an Appellate Procedure 11 • Appeals within arbitration aren’t new • But they’re a function of your agreement • And the record must support them
  12. 12. Copyright © 2015 John DeGroote Services, LLC

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