Preparing for Arbitration : What You Need to Know (Quick Prep)

by Corcoran, Charles F., III

• ISBN13: 9780314274939
• ISBN10: 0314274936
• Format: Paperback
• Copyright: 2011-02-01
• Publisher: West Group

Summary

Preparing for Arbitration is a user-friendly and practical guide to the arbitration process. Written by a distinguished attorney with more than 400 days of arbitration experience, both as counsel and as arbitrator, this unique reference speaks to you directly about all aspects of arbitration. This accessible guidebook answers hundreds of questions, some of which you may never have thought to ask: What can you expect to happen in your first arbitration hearing? How should you conduct yourself? How does arbitration differ from litigation? Should you arbitrate or should you litigate in the courts? Should you negotiate or mediate? Should your company include an arbitration clause in future contracts? If so, how should that clause be written? The product of extensive arbitration practice and experience, Preparing for Arbitration can help you answer these questions, as well as assist you in gathering and organizing documents, developing your arbitration plan, and preparing for the arbitration process itself. You'll be informed and educated after reading this guide, and prepared to approach your upcoming arbitration proceedings with confidence. Book jacket.

Author Biography

Charles F. Corcoran III has more than 400 days of experience as arbitrator and mediator in commercial, construction, and employment disputes. Mr. Corcoran graduated magno cum laude and Phi Beta Kappa from Yale College, studied history at Gonville Caius College, University of Cambridge, England, and graduated from the Yale Law School. For several years he taught trial methods at Western New England Law School. He retired in 2010 as a litigation partner in the Connecticut firm of Carmody Torrance, where he focused his practice on litigation and arbitration. He has published extensively on the subjects of reinsurance litigation, mechanic's lien laws, electronic discovery, and arbitration.

Table of Contents

Introduction	p. 7
Arbitration Defined	p. 9
Mediation May Precede Your Arbitration	p. 11
Mandatory Negotiation	p. 13
Mediator Selection	p. 15
Confidentiality of the Mediation Process	p. 17
Preparing for Mediation	p. 19
When Mediation Fails: Arbitrate or Litigate?	p. 21
The Contract and the Arbitration Claim	p. 31
"Demand for Arbitration" and "Answering Statement"	p. 37
The Administrative Conference	p. 39
Selection of Arbitrators	p. 41
Preparing Your Case	p. 45
The Preliminary Management Hearing	p. 53
Hearings	p. 57
Award and Appeal	p. 67
Conclusion	p. 69
Appendices	p. 71
About the Author	p. 85
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