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Overview
Arbitration Practice Essentials: From Agreement to Award
Arbitration isn't just a faster alternative to litigation; it's a fundamentally different forum with its own rules, risks, and strategic opportunities. Can you effectively navigate within them?
This A-Z program gives you the practical tools to navigate arbitration from start to finish. From interpreting agreements to effectively presenting your case at the hearing, you'll gain practical, real-world insights to maximize your effectiveness in arbitration - and avoid common and embarrassing mistakes. Approach arbitration with confidence, strategy, and a clearer understanding of what actually works - register today!
- Know what to look for in the arbitration agreement.
- Make one of the most consequential decisions in any arbitration: choice of forum and arbitrator.
- Work effectively within arbitration's different rules on discovery, motion practice, and evidence.
- Get tips for writing effective pre-hearing and post-hearing briefs.
- Present effectively at the arbitration hearing with oral argument, evidence, and witness best practices.
- Maximize recovery (or limit exposure) by understanding how awards are structured, challenged, and enforced.
Abbreviated Agenda
- Foundations of Arbitration: What You Need to Know
- Reading the Agreement Carefully and Getting Into (or Out of) Arbitration
- Discovery, Motions, and Evidence: Playing With a Different Set of Rules
- Pick Wrong, Lose Fast: Selecting the Forum and the Arbitrator
- Post-Hearing Briefs and Awards
- The Arbitration Hearing: Tailoring Your Strategy
- Legal Ethics
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| California MCLE Paralegal |
|
6 Total |
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Idaho CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Louisiana CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Mississippi CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| North Dakota CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Oregon CLE |
|
6 Total |
| Pennsylvania CLE |
|
6 Total |
| Rhode Island CLE |
|
7 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
| Florida Continuing Mediation Education |
|
7.2 Total |
| Kansas Continuing Mediation Education |
|
7 Total |
| New Jersey Continuing Mediation Education |
|
4 Total |
| Tennessee Continuing Mediation Education |
|
6 Total |
| Delaware Certified Paralegal Program |
|
6 Total |
| Florida Registered Paralegal |
|
7 Total |
| Indiana Paralegal CLE |
|
6 Total |
| Montana CLE Credit for Paralegals |
|
6 Total |
| North Carolina Continuing Paralegal Education |
|
6 Total |
| New Mexico Paralegal Division, State Bar of |
|
6 Total |
| Ohio Certified Paralegals |
|
6 Total |
| NFPA |
|
0 Total |
| Texas State Bar of Paralegal Division |
|
6 Total |
Select Jurisdiction
CLE
Paralegal
Other
Agenda
-
Foundations of Arbitration: What You Need to Know
- Arbitration vs. Litigation vs. Mediation: Strategic Advantages and Tradeoffs
- Cost, Fees, and Efficiency: The Reality of Modern Arbitration
- Federal Arbitration Act (FAA) and the Uniform Arbitration Act (UAA)
- Binding vs. Non-Binding Arbitration
-
Reading the Agreement Carefully and Getting Into (or Out of) Arbitration
- Read the Fine Print: Essential Clauses
- Scope of Arbitration: What is and What is Not Arbitrable
- Arbitrability / Delegation Clauses
- Multi-Party Disputes
- Common Drafting Pitfalls That Ruin Enforceability
- Compelling and Staying Arbitration
- Initiating Arbitration: Key Steps
- Draft a Persuasive Statement of Claim or Defense
-
Discovery, Motions, and Evidence: Playing With a Different Set of Rules
- Preliminary Hearings and Scheduling
- Discovery in Arbitration: Scope, Limits, Strategies
- Depositions: When They're Allowed and Making a Case for Expanded Discovery
- Third-Party Discovery Challenges and Workarounds
- Motions: When Arbitrators Will Entertain Them
- Evidence in Arbitration: Strategy Under Flexible Rules
- Pre-Hearing Briefs: What Arbitrators Look for and What They Ignore
-
Pick Wrong, Lose Fast: Selecting the Forum and the Arbitrator
- Choosing the Right Forum: AAA, JAMS, and Beyond
- Understanding Institutional Rules: Practical Differences
- When to Go Ad Hoc
- Arbitrator Selection: Qualifications, Background Checks, Strategy
- Single Arbitrator vs. Panel: Cost vs. Complexity
- Striking and Ranking Arbitrators: Make Your Picks Count
-
Post-Hearing Briefs and Awards
- Post-Hearing Briefs: Strategy
- Form of the Award and Damages, Fees, and Interest: What to Request
- Clarifying or Correcting an Award
- Turning the Award Into a Judgment
- Vacating an Award: FAA Grounds and Realistic Odds
-
The Arbitration Hearing: Tailoring Your Strategy
- Logistics and Procedural Protocols
- Tips for Opening Statements and Closing Arguments
- Time-Limited Hearings: Prioritization Strategies When Every Minute Counts
- Presenting Evidence
- Direct and Cross-Examination
- Tips for Handling Arbitrator Questions
-
Legal Ethics
- Arbitrator Neutrality and Conflicts
- Third-Party Funding
- Repeat Player Dynamics and Perception Issues
- Ex Parte Communications
- Confidentiality, Candor, and Disclosure
- Counsel Conduct and Civility in Arbitration
- Sanctions, Remedies, and Enforcement of Ethical Violations
Who Should Attend
This program is designed for attorneys. Paralegals and neutrals may also benefit.
Speakers
Speaker bio
Kevin T. Knight
is a partner in the law offices of DSK Law. He is board-certified as a trial lawyer by both The Florida Bar and the National Board of Trial Advocacy. Over the course of his practice, Mr. Knight has generally focused on personal injury litigation. He earned his B.S.B.A. degree, summa cum laude, from the University of Central Florida and his J.D. degree from Stetson University College of Law.
Speaker bio
J. Gregory Grisham
is a partner in the Memphis Office of Fisher Phillips LLP, with 35 years of successful experience counseling and representing employers in all aspects of workplace law in Tennessee and across the United States. He has helped employers avoid claims, charges, and lawsuits with a focus on preventative practices, including counseling on discipline, termination, demotion, promotion and other workplace changes, investigations, wage and hour compliance, reasonable accommodation assessment, supervisor training and the review of employment policies and procedures. Mr. Grisham has successfully litigated hundreds of administrative charges, employment lawsuits, and arbitration demands on behalf of employers, including federal and state law claims alleging discrimination, harassment, retaliation, wrongful termination, invasion of privacy, defamation, breach of contract, and wage and hour violations, among others. He represents employers in the prosecution and defense of trade secret claims, and in the enforcement of post-employment restrictive covenants such as non-compete, non-solicitation, and non-disclosure agreements. Mr. Grisham also represents employers in matters before the National Labor Relations Board, including unfair labor practice proceedings and in union representation elections. He has been selected for inclusion in Chambers USA, Labor & Employment, Mid-South Super Lawyers, Best Lawyers in America for Employment Litigation-Management side and Employment Law-Management, and LawDragon's 500 Leading U.S. Corporate Employment Lawyers. Mr. Grisham is a fellow of the College of Labor and Employment Lawyers and of the American Bar Foundation. He is a past chair of the Memphis Bar Association's L&E Section and of the Tennessee Bar Association's L&E Section, where he currently serves on the Executive Committee. Mr. Grisham earned his J.D. degree, with honors, from the Cecil C. Humphreys' School of Law of the University of Memphis where he was a member of the Law Review; his M.B.A. degree from the University of Mississippi; and his B.S.degree from the University of Tennessee, Chattanooga.
Speaker bio
Eric N. Macey
is a partner at Armstrong Teasdale LLP. He is considered one of the country's top commercial litigators. Mr. Macey has earned a number of accolades throughout his career including recognition from Chambers USA, Illinois Super Lawyers® and The Best Lawyers in America®. His clients consist of a wide range of business corporations and institutions, investment ventures, partnerships and individuals. Mr. Macey has represented International Game Technology, Groupon, PJM Interconnection, LLC, Sears Holdings Management Corporation, Medline Industries, Inc., Kohler Co., Sunoco Logistics, L.P., Yahoo! Inc., General Growth Properties, Inc., Constellation Energy Group, Mirant Corporation, Central Purchasing LLC, North American Corporation of Illinois, Checker Taxi Association, Inc., The Lurie Co., GES Exposition Services, Inc., Travelweb LLC, McDonald's Corporation, affiliates of Time Inc., Hyatt Corporation, ExxonMobil Corporation and Harbor Freight Tools. For over two decades, he was an adjunct professor at Northwestern University School of Law, teaching courses in trial advocacy and discovery. Mr. Macey also has experience as an instructor with the National Institute of Trial Advocacy. Today, he is an adjunct professor teaching the Business Law course at Indiana University at its Northwest Indiana campus for undergraduates and M.B.A. candidates. Active in the legal community, Mr. Macey was a long-time member and past president (2006-2008) of the Chicago-Lincoln American Inn of Court. He is a fellow of the American Bar Foundation and a member of the Chicago Bar Foundation's Abraham Lincoln Circle of Justice, a prestigious group of lawyers, judges and other legal professionals who support the long-term sustainability of the Foundation's mission. Mr. Macey earned his A.B. degree, magna cum laude, from Princeton University, his M.A. degree from University of Pennsylvania and his J.D. degree from George Washington University Law School.
Speaker bio
John C. Sciaccotta
is a member of Aronberg Goldgehn's Executive Management Committee and currently serves as president of the Chicago Bar Association. He has more than 36 years of trial and litigation experience advocating for clients in complex civil litigation, arbitration, mediation and business counseling matters with a special emphasis on complex civil trial and appellate cases brought in federal and state courts and tribunals throughout the United States. Mr. Sciaccotta represents publicly and privately held domestic and foreign business entities, lenders, employers, municipalities, government bodies and individuals in transactional matters and disputes. He has substantial experience representing real estate owners/developers, business owners in a wide array of industries, professional service organizations, partnerships, limited liability companies, manufacturing, construction, technology, professional sales companies, municipalities, hedge funds and broker/dealers, governmental bodies, banks and lending institutions. Mr. Sciaccotta has significant experience working with professional sports leagues, owners and players, including representing the Arena Football League, its individual teams and owners for many years. In addition, he has been appointed as a neutral arbitrator and mediator for many years to resolve and arbitrate business related disputes. Mr. Sciaccotta serves on the Commercial Panel of the American Arbitration Association's National Roster of Arbitrators. He is active in firm leadership. In addition to serving on the firm's executive management committee, he is the founder and co-chair of the firm's business divorce practice group, chair of the commercial litigation marketing group, founding member of the firm's DEI Committee, and co-chair of the firm's marketing committee.
Speaker bio
James M. Susag
is a seasoned trial attorney with a focus on franchise and dealer disputes, real estate, and complex commercial matters. He has been the lead attorney in over 100 trials and arbitrations in state and federal courts across the country, and in domestic and international arbitration forums. Mr. Susag has the unique perspective of a trial lawyer who has also managed complex litigation and developed strategic legal plans as in-house counsel. Clients appreciate his boardroom-to-courtroom experience in crafting resolutions for their business disputes. Mr. Susag is admitted to practice in state and federal courts in Minnesota, Washington and Wisconsin, as well as the U.S. Court of Appeals for the Seventh, Fourth and Eighth circuits. He earned his B.A. degree, summa cum laude, from the University of St. Thomas and his J.D. degree, summa cum laude, from William Mitchell College of Law.
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