A guiding principle for an Arbitrator is to hear all the evidence that may be relevant and material in order to understand and determine the dispute. A well-organized preliminary hearing is critical to fulfill that principle.

Because an arbitration demand is not usually a very detailed account, often only a limited amount of information is exchanged in the early stages of arbitration. The parties and their attorneys may have had little or no contact with each other since the dispute arose, except to choose the arbitrator.

It surprises me that many attorneys do not realize that they are to participate in a preliminary hearing. As noted, the preliminary hearing is a critical step in the arbitration process. I've also found that the large number of attorneys are not prepared for the preliminary hearing.

These are my suggestions to improve the quality of their arbitration advocacy and put them on the right path to obtain the benefits of arbitration.

1. Often the Claimant files a general demand, i.e. Respondent breached the contract and owes $50,000. That does not tell the Arbitrator much about the case. If possible, the attorneys should indicate all theories of recovery and relief sought and the calculation of damages. This allows the Arbitrator to determine whether the case is complex or simple. Also a more detailed Complaint, Answer or Crossclaim narrows the issues for the Arbitrator.

2. Attorneys should realize that they have an important part in the proceedings. They should discuss scheduling dates on which the clients and witnesses (both fact and expert) will be available. Before the preliminary hearing, the attorneys should confer to discuss:

Available dates for the evidentiary hearing.
The scope of document discovery.
The dates for exchanging documents.
Deadlines for Exhibit Lists.
Deadlines for Witness Lists.
Dates for exchanging their expert's reports.
Whether either party plans to file any prehearing motions, and if so, the dates for filing and replying to them.
How much time each side will need for direct and cross-examination at the evidentiary hearing.
Whether the parties want a court reporter?

3. The Attorneys should at the preliminary hearing inform the Arbitrator what type of award they want. Failure to tell the Arbitrator the form of the award could result in an award that fails to address every claim or counterclaim. Attorneys should be aware that the more detailed an award, the more cost to the client. Obviously, the Arbitrator charges for the time taken to draft the award.