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.