Successfully Deploying Arbitration after Litigation

This program will be a live webinar on Monday, September 14, 2020. You may purchase the online On-Demand program below. The program will be available for viewing the following business day (upon completion of the live webinar). You can access the program through your Learning Dashboard.

Raising awareness of the problem with delays in the civil system and that arbitration after litigation is even possible — and practicable in the right case. In this segment, we will describe the right type of case or conditions (for example, situations where both sides are disadvantaged by delay; situations where even if the whole case can’t be arbitrated; parts of a case can be carved out; situations where both sides are “disappointed” with the judge, the Court, or the results so far and are sufficiently motivated by this to “pull the plug” on the litigation, in whole or in part).

This program will show case studies where parties decided to try arbitration in whole or part and benefits accrued to both side. 

Also, we will analyze “special considerations” when arbitrating post-litigation. Examples that come to mind:



• How to diplomatically pitch the idea to the Court (and the other side)
• Drafting the terms of the “arbitration agreement” in these situations (is there a role for ClauseBuilder?)
• Confidentiality and harmonization with existing Court protective orders (bespoke or Court-approved forms) and vice versa
• Discovery, evidence, law of the case and res judicata issues

Speakers

Joseph V. DeMarco, DeVore & DeMarco LLP

Steve Skulnik, TR Product

Richard L. Mattiaccio, Allegaert Berger & Vogel

Judge Faith Hochberg (ret.), FEDARB