Schedule

Monday, December 4, 2023

Welcome and Introductions

David Cade & Geoff Drucker

Agreement to Arbitrate

Paul Risner

• Basic clause
• Exercising control over process
• Tailoring the clause to specific situations
• Sample clauses

Process for Selecting an Arbitrator | Arbitrator Ethics and Disclosures 

Paul Risner

• Options and Processes for Arbitrator Selection
• Communications between Parties and Arbitrators
• Arbitrator disclosures
• Codes of Arbitrator ethics

Group Exercise on Ethics

Paul Risner

• Handout with ethics-based scenarios for analysis and group discussion

Arbitrator Authority and Responsibilities

Elise Brennan

• Scope of Arbitrator authority
• Jurisdiction determinations
• Role of Arbitrator
• AHLA rules that support Arbitrator in making determination
• Managed arbitrations

Tuesday, December 5, 2023

Pre-Hearing Process

Glenn Waldman

• The Rule 5.4 Status Conference
• Procedural issues
• Substantive issues
• Fact Discovery
• Expert Witnesses Disclosures and Discovery
• Non-Party Subpoenas
• Motion Practice
• The Scheduling Order

Unconscious Bias for Arbitrators

Melanie Sanders

• What is Unconscious Bias
• How to Recognize Their Own Biases
• Impacts of Bias as Arbitrators
• How to Overcome the Effects of Bias

Group Exercise on Arbitrator Authority and Preliminary Hearings

Glenn Waldman

• Handout with 9 questions on authority and process for analysis and group discussion

Managing Health Care Documents in Arbitration

Stuart Widman

• Basic terms and concepts
• Distinctive features
• Establishing ground rules for production of ESI
• Sampling

Wednesday, December 6, 2023

Arbitration Hearings

Stuart Widman

• Pre-hearing submissions
• Opening and closing arguments
• Evidence: ground rules and guidelines
• Managing time and emotions
• Closing and reopening the hearing

Group Exercise on Arbitration Hearings

Stuart Widman

Post-Hearing Issues

Glenn Waldman

• Confirmation of the award
• Vacating an award
• Application of state law
• Application of Federal Arbitration Act (FAA)
• Limitations of review and manifest of disregard of the law
• Appellate consideration

AHLA Rules and Procedures 

Geoff Drucker & Panel

• How to manage parties who are representing themselves
• Class actions: Who decides and on what basis –Serving as an AHLA arbitrator
• AHLA Rules of Procedure for consumer, employment, and valuation claims
• Sanctions in arbitration
• Be prepared to handle potential for animosity, including dealing with unruly individuals and staying in control of the proceedings

Thursday, December 7, 2023

Awards & Orders

Elise Brennan

• Interim Orders
• Partial Final Awards
• Form / framework of awards
• AHLA rules on awards
• Drafting of awards
• Corrections

Group Exercise on Awards & Orders

Elise Brennan

• Analysis and group discussion of drafting an award based on a hypothetical set of facts

Final Remarks 

Geoff Drucker