Franchise mediator, arbitrator, business operations consultant, expert witness at ADR Chambers, Toronto, Canada
Answered 2 years ago
The best way to prepare for a complex arbitration case to ensure a fair and effective process is simple: BE PREPARED. Preparation can take many forms. The arbitrator should arrange for an virtual early case conference to discuss and resolve, among other items, procedures, authority of the arbitrator, schedules for various stages, confidentiality, manner and restrictions of submissions, document productions, fees, deposits, time allocations for various stages of the arbitration, expedited affidavit evidence, transcripts, governing rules and appeals. This discussion should be followed by a draft arbitration agreement for submission to and approval by counsel and their respective parties. And as part of this procedure the parties should agree on the dates and format for the hearing. The arbitrator should also ensure that the parties and counsel understand that it is expected that the parties will meet their various obligations and time requirements in order to maintain an orderly and timely process for the arbitration. By taking these early steps to deal with timing and procedure, the parties should be ready for a fair and effective process for the complexity of the arbitration without the need for delays and distractions from their main focus on the hearing.
Effectively preparing for a complex arbitration case involves a thorough pre-arbitration assessment. This includes gathering all relevant documents, communications, and transactions, such as agreements and performance metrics, to understand the partie's positions and document key evidence. This multifaceted approach aims to ensure a fair resolution for all parties involved.