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Arbitration Process Operational Issues and Business Practices Jim Sporleder Tom Daly Connie O’Mara.

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Presentation on theme: "Arbitration Process Operational Issues and Business Practices Jim Sporleder Tom Daly Connie O’Mara."— Presentation transcript:

1 Arbitration Process Operational Issues and Business Practices Jim Sporleder Tom Daly Connie O’Mara

2 Year of the Arbitrator Mark Megaw(Co-Chair) Mark Megaw(Co-Chair) Sylvia Kaminsky (Co-Chair) Sylvia Kaminsky (Co-Chair) Tom Daly Tom Daly Jim Sporleder Jim Sporleder Connie O’Mara Connie O’Mara Aaron Stern Aaron Stern Susan Grondine Susan Grondine Mark Wigmore Mark Wigmore Marty Haber Marty Haber Andy Rothseid Andy Rothseid Peter Gentile Peter Gentile Andy Douglas Andy Douglas Subcommittees: Forms, Ethics, Improving the Process 2016 : Eric Kobrick (Co-Chair) Eric Kobrick (Co-Chair) Sylvia Kaminsky (Co-Chair) Sylvia Kaminsky (Co-Chair) Lydia Kam Lyew Lydia Kam Lyew Charles Ehrlich Charles Ehrlich Roger Moak Roger Moak Fred Pickney Fred Pickney Fred Marziano Fred Marziano Jim Sporleder Jim Sporleder Connie O’Mara Connie O’Mara Aaron Stern Aaron Stern Susan Grondine Susan Grondine Mark Wigmore Mark Wigmore Arbitration Committee Members 2015 : Arbitration Committee Members 2015 :

3 Process Improvement ARIAS Quarterly "Toolkit Article” articles: First in 3Q15 ARIAS Quarterly "Toolkit Article” articles: First in 3Q15 Case list & Billing forms Case list & Billing forms Quarterly Quarterly Need for fresh articles for "Toolkit" Need for fresh articles for "Toolkit" Initiatives for further work: Initiatives for further work:

4 Survey Results ARIASU.S. Arbitrator Survey Please describe your current employment status. Answer OptionsResponse PercentResponse Count I am employed by an insurance or reinsurance company. 23.0%14 I am employed in the legal profession. 6.6%4 I am self employed as a consultant other practitioner. 50.8%31 I am retired from the insurance, legal, or consulting profession. 19.7%12 answered question61 skipped question0

5 Please describe your current arbitration practice Answer OptionsResponse PercentResponse Count I am a sole practitioner/individual arbitrator and perform all administrative functions. 87.7%50 I am a sole practitioner and retain third parties to perform or assist with all administrative functions. 0.0%0 I am employed and receive administrative support from company/law firm personnel. 12.3%7 Other (please describe) 4 answered question57 skipped question4

6 Umpire Gigs: Please describe your current activity as an Umpire. Answer Options Response Percent Response Count I am involved in 0 arbitrations. 42.6%26 I am involved in 1 to 5 arbitrations. 50.8%31 I am involved in 6 to 9 arbitrations. 3.3%2 I am involved in 10 or more arbitrations. 3.3%2 answered question61 skipped question0

7 Umpire Questionnaires: In 2014 and to date in 2015 I completed the following number of Umpire Questionnaires. Answer Options Response Percent Response Count 0 11.5%7 1 to 5 31.1%19 6 to 9 29.5%18 10 or more 27.9%17 answered question61 skipped question0

8 How much time does it take?  30 minutes to an hour:14  1 hour:17  1.5 hours: 9  2 hours: 6  More than 3 hours: 5  Should arbitrators be paid for filling out a questionnaire?  Should arbitrators know how many were sent before they commit the time?  Should umpires be precluded from accepting other umpire assignments for either party during an arbitration?

9 Market Overview Please describe your current activity as a party Arbitrator. Answer OptionsResponse PercentResponse Count I am involved in 0 arbitrations 32.8%20 I am involved in 1 to 5 arbitrations 45.9%28 I am involved in 6 to 9 arbitrations 6.6%4 I am involved in 10 or more arbitrations 14.8%9 answered question61 skipped question0

10 Study Done by D. Thirkill from ARIAS data as of 1/9/2015 Total Number of Appointments7932 Total Number of Arbitrators205 Percentage getting 80% of the work25% of the Arbitration community have had 80% of the work

11 Administrative issues: Do you keep track of Umpire Questionnaires that you complete? Answer Options Response Percent Response Count Yes 63.6%35 No 36.4%20 answered question55 skipped question6 Do you diary Umpire Questionnaires to follow-up as to whether an Umpire has been appointed? Answer Options Response Percent Response Count Yes 37.0%20 No 63.0%34 answered question54 skipped question7

12 In your disclosure information, do you keep track of a third party administrator (e.g. Resolute) in your master list of cases? Answer Options Response Percent Response Count Yes 41.7%25 No 58.3%35 answered question60 skipped question1 Do you use a standard spreadsheet program for keeping track of your arbitrations and other work - for purposes of disclosures? Answer Options Response Percent Response Count Yes 67.8%40 No 32.2%19 answered question59 skipped question2

13 Working with other Arbitrators Do you have someone to go to for business practice questions? Answer Options Response Percent Response Count Yes 39.3%24 No 60.7%37 answered question61 skipped question0 Would you find it useful to have regular "arbitrators only" workshop sessions to discuss your practice as arbitrator and to discuss current issues important to the Arbitrator community? Answer Options Response Percent Response Count Yes 63.8%37 No 5.2%3 Uncertain 31.0%18 answered question58 skipped question3

14 Marketing Do you attend law firm sponsored dinners at ARIASU.S.? Answer Options Response Percent Response Count Yes 78.3%47 No 21.7%13 answered question60 skipped question1 Do you engage in individual marketing trips to companies or law firms? Answer Options Response Percent Response Count Yes 27.1%16 No 72.9%43 answered question59 skipped question2

15 Marketing/Business Identity Have you created (or had someone create for you) your own arbitrator website? Answer Options Response Percent Response Count Yes 38.3%23 No 61.7%37 answered question60 skipped question1 Did you set up a separate corporation or LLC for your arbitration practice? Answer Options A.Response Percent Response Count Yes48.3%29 No51.7%31 answered question60 skipped question1


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