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Arbitration Approach
I am mindful that arbitration is a contract relationship in which my job is to move the case along, hear it, analyze the issues and decide it in an efficient, cost-efective and reasoned way.
The parties identify the rules (AAA, Arbitration Service of Portland, custom or Jake's Rules) at the outset. Where appropriate, I ask the lawyers to develop a discovery and production schedule. I may do so if they cannot. Where production is not required by the rules, I encourage voluntary pre-hearing exchange. A pre-hearing conference may be held and statements of proof may be required in complex cases. A pre-hearing memorandum can be helpful.
I try to handle hearings expeditiously. I try to identify all undisputed facts so that time is not taken having witnesses establish them. All exhibits are deemed admitted unless objection is made at the first reference. If an exhibit is on its face a letter from A to B dated 1/1/01, I discourage lawyers from asking a witness to identify it as a letter from A to B dated 1/1/01. I try to identify the critical issues and cut through them promptly. I try to distinguish between issues on which argument may be helpful and those on which it is not needed.
I try to issue a decision by the end of the next day in simple cases and within a week in complex cases. I do not split babies unless warranted by the law and facts.
My written awards usually identify the result and the rationale concisely. I do not write lengthy opinions unless findings and conclusions are requested.
A word about three-arbitrator proceedings. First of all, I like the opportunity to discuss a case with my colleagues. If the magnitude or complexity of a case justifies three arbitrators, a collegial panel can often produce a more nuanced result. Second, if I am chosen by a party, I do not feel that I am an advocate for that party, only that there is something in my background which gives them confidence in my judgment. When I take the arbitrator's oath to try a case fairly, that's what I try to do.
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