Expert testimony is a necessary part of many arbitrations that involve technical subject matter or complex economics and accounting. Parties and their advocates may push their experts to extremes in support of their positions. When this occurs, it can be difficult for the arbitrator to resolve the matter because the experts have not given the arbitrator sufficient or adequate information – or even the correct information – on which to base an appropriate award.
This 60-minute webinar explores tools and techniques that arbitrators can use to ensure that the presented expert opinion evidence is useful and find the common ground in seemingly irreconcilable expert testimony.
Areas covered will include—
• recognizing when expert testimony will be relevant;
• raising the issue of expert testimony with parties and counsel;
• managing the exchange of expert reports;
• presentation of expert testimony (timing, method, etc.);
• roles of the panel chair and wing arbitrators during presentation;
• tools and techniques for finding common ground;
• bridging seemingly irreconcilable expert testimony gaps;
Take-Aways: Arbitrators will be made aware of process management tools that can help to ensure that expert testimony is useful. Advocates will receive suggestions for how to improve their presentation of technical and financial information.
The 2017 American Arbitration Association Construction Conference will focus on understanding and controlling the arbitration process and managing risk associated with complex construction projects.
Experts in the field will lead the following sessions:
- How to effectively deal with the 300 change order dispute: who controls the process?;
- Global construction disputes – don’t get left behind;
- Changes to the 2017 AIA Documents and the potential impact on dispute resolution;
- The best defense is a good offense: keys to claims prevention and mitigation;
- How do we get the war stories if we’re never allowed to go to battle?; and
- Minimizing the risk of ethical dilemmas in arbitration.
Attendees will leave with techniques and best practices to help them with “navigating the unique aspects of construction arbitration.”
The AAA’s rules and procedures for arbitration and mediation supply the framework for resolving disputes in all industries.
This 32-hour course is specifically designed to provide a comprehensive immersion in the essential skills and knowledge required of all mediators. The course curriculum provides the instruction widely viewed as the standard introductory training needed for practicing mediators.
Through engaging dialogue, interactive exercises and simulated mediations facilitated by a faculty of experienced mediators, you will not only acquire vital knowledge about mediation theory, practice and techniques, but also begin developing the skills indispensable to being an effective mediator.
Slightly shorter than its very popular 40-hour predecessor, the course is offered over four consecutive days (Tuesday – Friday) and is designed to appeal to a variety of learning styles.
The course is open to anyone interested in the field of mediation. Legal training and education or prior experience with mediation, while helpful, are not necessary to fully participate in and benefit from all the course has to offer. The registration fee includes all course materials, a continental breakfast and lunch each day.
If you are interested in joining a specific mediation panel, you should check with the appropriate governing body to inquire whether this course satisfies that panel's training requirements.