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

l Showcase program was one of many Section
F. with an overflow audience.

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

M**W We sten, Pe Tak

Section. Pro I ranns Draw. Huge Crowds at Annual Meeting..

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