Pre-Hearing Third Party Discovery in Arbitration

By William D. Gilbride Jr. Published: ADR Spotlight October 2020 What is the authority of an arbitrator to issue third-party subpoenas for the pre-hearing production of documents and to compel deposition testimony in a matter where the parties’ inter se arbitration agreement expressly invokes the Federal Rules of Civil Procedure? Based on the following authorities, an arbitrator may […]

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Is There a Zoom Mediation in Your Future?

By Sheldon J. Stark – Mediator and Arbitrator During the state of emergency, courts have been working at less than full capacity. While no two courts are the same, none have conducted business as usual since mid-March, and there will likely be backlogs as a result. Some cases are backlogged because of hearings being adjourned […]

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9 PREMi Lawyers named SUPER LAWYERS

SUPER LAWYERS, a national publication that selects attorneys nominated by their peers, evaluated by third party research and reviewed by a highly credentialed blue-ribbon panel of attorneys has named nine PREMi members as SUPER LAWYERS. Those honored include: GENE ESSHAKI RICHARD BONE WILLIAM GILBRIDE LEE HORNBERGER PAUL MONICATTI ANTOINETTE RAHEEM JEROME ROCK MARTIN WEISMAN ROBERT WRIGHT […]

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Microaggressions in ADR: It is What It Is

Earlene R. Baggett-Hayes Writing articles on ADR is considered as one of the many opportunities for imparting information on specific ADR subjects, expanding tool kits for effective ADR performance, and embellishing one’s ADR career. Recently, in reviewing potential topics for an article, the writer entertained the idea of either writing a provocative article about the […]

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VIDEO CONFERENCING AND NARRATIVE WITNESS STATEMENTS IN COMMERCIAL ARBITRATION

As an Arbitrator, I have long encouraged the use of Narrative or Written Witness Statements as a vehicle for introducing the direct testimony of witnesses under the control of a party at the Arbitration Hearing. Responding to feedback from counsel, I eventually developed a formal Protocol, essentially an instruction manual, standardizing the process. I even […]

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