If all parties want me to arbitrate or mediate a matter, please email me or call me to discuss when all parties are available to talk by phone about scheduling, deposits toward fees, and the general scope of the matter. An individual party, who wants to propose my name to its adversary, may also reach out to me. However, because I want to avoid any appearance of partiality, the initial contact should go no further than inquiring as to my availability; it should not include any information about the matter, beyond the names of parties and witnesses for purposes of my conflict check. I will get back to you quickly with some proposed times for an initial phone call with all parties involved.
On this first call, which is generally short, we will set a date for a preliminary conference. This step can often be accomplished by email among the parties and me.
In an arbitration, the parties and I will select hearing dates and discuss the various steps needed to get the matter ready for that final hearing; thereafter, I will issue a scheduling order that will be the roadmap for management of the case. In a mediation, we will pick a date for the mediation, discuss the matters that the parties need to exchange to make the mediation effective, and set dates and formats for a pre-mediation memorandum.
HEARING OR MEDIATION
The arbitration or mediation will be held on the date selected by the parties. While I recognize that good cause may arise for resetting the date, I will make – and ask the parties to make – every effort to hold to the initial date agreed upon. Rescheduling, with the need to work back into the schedules of parties and counsel, can often delay a matter significantly.