1. AN ARBITRATOR'S VIEW KEYS FOR OPTIMIZING THE ARBITRATION PROCESS hankinsonlaw.com Deborah Hankinson

2. WHAT IS ARBITRATION? ARBITRATION IS A private, flexible process that can be tailored to the nature of a particular dispute and the needs of the parties involved to achieve efficiency, timeliness, and fairness. ARBITRATION ISN’T The functional equivalent of a trip to the courthouse. hankinsonlaw.com 2 (The College of Commercial Arbitrators Guide to the Best Practices in Commercial Arbitration (2006))

3. THE ARBITRATION AGREEMENT CONTROLS hankinsonlaw.com 3 Applicable rules Requirements Discovery (full/limited/left to arbitrator's discretion) Your agreement defines your arbitration process.

4. TAKE THE PLEDGE + PUT IT INTO ACTION hankinsonlaw.com 4 Pledge to give the parties the process they bargained for Cooperate and collaborate with the arbitrator and opposing counsel. Be guided by efficiency, timeliness, and fairness. Honor the arbitration agreement, including limits on discovery.

5. USE AN ARBITRATION ROAD MAP hankinsonlaw.com 5 Remember your pledge and shorten the distance to be traveled whenever possible. Update before the hearing to clarify what will be presented Identify pivotal issues Know claims, defenses, and remedies Update after the hearing to clarify what needs to be decided

6. PREPARE INTELLIGENTLY FOR THE SCHEDULING CONFERENCE hankinsonlaw.com 6 Clients should participate to ensure that everyone stays on the same page. Threshold and dispositive motions Informational exchange Additional discovery Prehearing briefing and more.... See AAA Commercial Rule P-2 for topics:

7. THE SCHEDULING ORDER SUPPORTS THE PROCESS hankinsonlaw.com 7 Focus on efficienciesCustomize Be collaborative Use creativity

8. CUSTOMIZING IS KEY hankinsonlaw.com 8 Think creatively and avoid the temptation to borrow from typical court procedures. Design an approach that fits the case.

9. DISCOVERY IS DIFFERENT IN ARBITRATION hankinsonlaw.com 9 Start thinking about discovery in the context of arbitration as the prehearing exchange and production of information. Change your mindset! Discovery should be streamlined and cost effective.

10. AIM FOR THE RIGHT FIT hankinsonlaw.com 10 The kind and scope of the informational exchange should match the nature of the suit, maximize efficiencies, and avoid undue expense. Depositions should match the size and complexity of the matter.

11. AVOID A MULTIPLICITY OF MOTIONS hankinsonlaw.com 11 Most roadblocks can be resolved quickly, effectively, and without substantial cost through consultation with an arbitrator.

12. DISPOSITIVE MOTIONS hankinsonlaw.com 12 Permission required (R-33) Must show as a predicate that the motion likely will be successful and will dispose of or narrow the issues.

13. MAKE CHOICES THAT FACILITATE THE HEARING hankinsonlaw.com 13 Expedite Stipulate Organize Disclose Cooperate Agree to a fair use of hearing time. Plan so that the hearing can be completed in the time scheduled. Use witness statements instead of live testimony (AAA Commercial Rule R-35). Agree to the admission of exhibits. Arrange exhibits for efficiency (group core documents, use chronological order, or employ other methods). Provide demonstrative exhibits in advance. Share witness sequencing ahead of time. Prepare a joint exhibit list and exhibit compilation (copies should be available to all participants). Actively participate in a prehearing conference call to finalize hearing plans.

14. USE EVIDENCE EFFECTIVELY AT ARBITRATION hankinsonlaw.com 14 Start with a wholesale, upfront admission of exhibits Focus on the issues Use demonstratives for complicated, technical, and damages matters Use an exhibit during the hearing to get a ruling on admissibility Avoid leading witnesses Present complete evidence Limit objections

15. For more information on optimizing the arbitration process, contact Deborah Hankinson. P: 214 754 9190 E: dhankinson@hankinsonlaw.com 15