Arbitration AdvocacyNtl Inst for Trial Advocacy, 2003 - 598 pages This insightful guide to the arbitration process will help you achieve the best results for clients in all types of arbitration settings - from commercial to labor. John W. Cooley, an experienced judge, trial attorney, arbitrator, and mediator, and Steven Lubet, author of NITA's best-selling Modern Trial Advocacy have written this book to describe an up-to-date description of the arbitration process for advocates. You will get specific advice on: The arbitration process, Prehearing considerations, Advocacy at the arbitration hearing, Effective openings and closings, Tactical considerations in shaping the process. Arbitration Advocacy, Second Edition, contains a chapter on attorney ethics and a chapter on cyberarbitration which explores the variety of online dispute resolution services available, the benefits and limitations with the use of cyberarbitration, and considerations in selecting a cyberarbitration service and cyberarbitrator. Detailed checklists help you choose the appropriate arbitration forum and panel, and give guidance on drafting pleadings. The appendices include sample arbitration agreements and forms, commercial arbitration and ethics rules, a list of firms offering arbitration services, a list of ODR service provider Web sites, and procedures for online arbitration. |
Contents
CHAPTER | 1 |
CHAPTER | 13 |
CHAPTER THREE | 73 |
CHAPTER FOUR | 95 |
CHAPTER FIVE | 107 |
Establishing foundations | 180 |
Demonstrative evidence | 188 |
CHAPTER SIX | 239 |
CHAPTER SEVEN | 249 |
CHAPTER EIGHT | 271 |
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Common terms and phrases
administrator admissible advocate affirmative defenses agreement to arbitrate American Arbitration Association applicable appointed appropriate arbi arbitration agreement arbitration award arbitration clause arbitration hearing arbitration proceeding Arbitration Rules arbitrator's attorney Canon X arbitrators challenge claim claimant client communication conduct confidential contract counterclaim court credibility cross-examination cyberarbitration decision deposition direct examination discovery discuss dispute resolution organization documents e-mail enforcement evidence example excited utterance exhibits expert facts fees filed final argument foundation hearsay impeachment Internet issues JAMS jurisdiction lawyer limited litigation matter mediation motion negotiation neutral notice objections Online Dispute Resolution opening statement opposing counsel panel participants party-appointed arbitrators party's person POSSIBLE SUPPORTING ARGUMENTS preliminary hearing present present sense impression prior prior inconsistent statement procedures questions reasonable record relevant request resolve respondent respondent's Section settlement specific Subsequent remedial measures testify testimony tion trial tribunal unless voir dire witness witness's