USAGE NOTE: The below represents the general form and content of the order I normally enter in AAA-administered arbitrations – where I am the sole arbitrator – following the initial preliminary hearing with the parties/counsel. It should be read in conjunction with the agenda letter and agenda I send out prior to the initial preliminary [...]
Sample Agenda Letter and Agenda for Initial Preliminary Hearing
February 16, 2011 By
USAGE NOTE: The below represents the general form and content of a letter and agenda I send to the parties/counsel prior to the initial preliminary hearing in AAA-administered arbitrations where I am the sole arbitrator. I send a substantially similar letter and agenda to the parties/counsel in private arbitrations. Following the initial preliminary hearing I [...]
Exhibit to Third Party Subpoenas
February 16, 2011 By
USAGE NOTE: I commonly attach an exhibit like this to subpoenas (either for discovery of for the Hearing) I issue to third-parties in AAA-administered arbitrations. I may use a similar form in NASD-administered arbitrations and in private arbitrations. Enforcement of an arbitrator-issued subpoena to a third-party is the province of the courts, not the arbitrator. [...]
Arbitration Disclosure Form
February 16, 2011 By
Memo to Client Re: Mediation
February 16, 2011 By
WHAT IS MEDIATION? Mediation is a process. The mediator attempts to facilitate an out-of-court settlement between the parties by building upon areas of common agreement and by challenging the parties and their lawyers to think critically about the case, potential outcomes, and the business and other risks which attend continued pursuit of the lawsuit. WHY [...]
Private Mediation Agreements
February 16, 2011 By
Mediation Disclosure Form
February 16, 2011 By
Mediation Confidentiality Agreement
February 16, 2011 By