Please join Division 1 for a lunch presentation on "Discovery in Arbitration" at the Forum on Construction Law's Midwinter Meeting on Thursday, January 29, 2015, from 11:30 a.m. to 1:00 p.m.
Clients, arbitrators and litigators understand that the cost
of litigation is often driven by the cost of discovery. The proliferation of electronic
communications in business has only made managing the cost of discovery more
difficult as parties struggle with the production, processing and review of
stockpiles of electronically stored information ("ESI"). State and Federal procedural rules have
evolved and expanded to manage the large volume of paper and ESI discovery in
construction cases, but the rules which govern most arbitrations are almost
silent when it comes to discovery. In
arbitration, decisions regarding discovery - including discovery of ESI - are
primarily in the hands of the parties and the arbitrator. While there is a proliferation of commentary
on handling discovery in litigation, there are very limited resources available
to guide parties and their counsel on how to deal with discovery in an arbitral
setting.
Join us as we discuss how to
balance the need for discovery with the need to reduce arbitration costs. Panelists Linda Turteltaub (Skanska Corporate
Counsel), Nancy Wiegers Greenwald (Construction Dispute Solutions, PLLC) and
John Bulman (Pierce Atwood LLP) will highlight best practices for dealing with
the biggest issues regarding handling discovery in arbitration and provide
insights into how arbitrators, clients and opposing counsel view the process.
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