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3 Just Res. 1 (1997-1998)

handle is hein.journals/justre3 and id is 1 raw text is: 'ot.3*I Issue No. 6 A Publication of the American Bar Association - Section of Dispute Resolution October 1997 T he Section of Dispute Resolution sponsored a tremendously suc- cessful series of programs at the ABA Annual Meeting in San Francisco. Every single session sponsored by the Section produced an overflow crowd and some of the presentations turned away more participants than we were able to crowd into the rooms. In most of the thirteen sessions, people stood in the back or sat in the hallway, and on Monday, when all three sessions were videotaped by the Lawyer's Communi- cation Network, determined partici- pants overflowed into an adjoining room and watched the program live on video monitor. The overwhelming numbers depleted materials for all but a couple of workshops. All this occurred in sharp contrast to the sparse participation in Orlando a year ago and in spite of the fact that all the rooms were designed to hold up to ninety participants. The Section also set a record for member attendance at the annual meeting * increasing from 323 attendees in Orlando to The Presidentia over 452 in S.F. programs in S. For a listing of program materials, please see the order form on the back cover. l Showcase program was one of many Section F. with an overflow audience. prACi IC IPS INDICATOR GUIDE FOR SELECTING CASES FOR ARBITRATION This is a part of a series of practice tips available in this newsletter, the Dispute Resolution Magazine, and the Section members-only e-mail list service. Reprinted from, Athltration Advocac John W Cooley & Steven Lubet, 1997, with permission from the National Institute for Trial Advocacy. FAVORABLE INDICATORS FOR ARBITRATION and defenses cogently. -Parties want to minimize litigation costs. The following guide lists some situational indicators favorable to Parties wish to avoid establishing a judicial precedent, an arbitrated resolution of a dispute. The presence of only one of or they wish to establish an arbitration precedent that these Indicators (and the absence of any unfavorable Indicators) will guide their future conduct. may be sufficient to trigger scheduling of an arbitration. A significant power imbalance exists between parties. Information (testimony or documents) in the posses- * Parties and counsel agree to participate in the arbitration sion of third parties is crucial to a claim or defense, and process and desire a prompt resolution. the third parties will not provide the information unless * Pre-agreement exists to arbitrate disputes arising out of subpoenaed. an underlying contract. - Parties are still deadlocked after an attempted negoti- * Dispute qualifies for compulsory arbitration under local ated and/or mediated settlement. court rules. - Parties have dramatically differing appraisals of the Legal issues predominate over factual issues. the case's facts and of the applicable law. Parties will not have to maintain a direct or indirect Parties have-a history of acting in bad faith in negotia- relationship after resolution of a dispute. tions. * Sufficient discovery has occurred or information has been - Parties want the matter settled confidentially. developed to permit counsel to present their clients'claims Continued on page 9. l gu, 5Ide their future condu KL JOLllINlJ rn M**W We sten, Pe Tak Section. Pro I ranns Draw. Huge Crowds at Annual Meeting..

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