2019 Arbitration Certification Training


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Attendance for this seminar will provide participants with an overview of arbitration from pre-hearing to appeals. how arbitration fits in the bigger picture of alternative dispute resolution, the relationship between arbitration and the courts, and the advantages and disadvantages of arbitration. The program will include a comprehensive discussion of South Carolina's ADR rules and the Federal Arbitration Act. Participants will also learn the procedures and practical skills necessary to properly conduct an arbitration hearing and determine Awards. The faculty will provide demonstrations on the various stages of an arbitration with emphasis on solutions to common problems that arise in the typical arbitration scenario. In addition, there will be a detailed discussion on the ethical issues facing arbitrators, litigants and their counsel, with a view toward the practical application of the rules of ethics for neutrals. Finally, participants will benefit from a panel discussion composed of our experienced and authoritative faculty. The panel will discuss valuable tips for successful arbitration practice and tackle the trips and traps you can expect to encounter as an arbitrator in South Carolina. Participants will be encouraged to join the discussion, so come prepared to ask your questions and offer your insights. Don't miss this opportunity to gain the knowledge, skills and insights necessary to become a certified arbitrator in South Carolina.
 
I. OPENING SESSION
 
  1. Introduction to Arbitration, its premises and statutory foundations, and a discussion of the various organizations supporting and administering arbitration.
  2. An analysis of the applicable statutes, state and federal, that support arbitration and judicial recognition of agreements.  Identification of the differences between the role of the Court, and the role of the arbiter.  Where does the jurisdiction of the Court end and the jurisdiction of the Arbiter begin?  Overview of arbitration from the initiation of the proceeding to enrollment of the award as a judgment.  Discussion of the statutory requirements that must be met to have an enforceable award.
 
II. PRE-HEARING ISSUES
 
This segment considers the time period and activities from the Order or agreement compelling arbitration to the commencement of the hearing:
 
  1. Arbitrability.
  2. Where do the rules of procedure come from and how are they managed?
  3. Discovery - What can be enforced, what should be allowed?
  4. Motions - To what extent should prehearing motions be allowed and used?
  5. Preemption - How are the rights and remedies of the Federal Act and the State Act coordinated?
  6. Witness identification and exhibit collection.
G. Agreements to manage time and insure both sides get a fair allocation.
 
III. DEMONSTRATION AND DISCUSSION of prehearing status/case management conference.
 
IV. HEARING STAGE
 
The hearing has commenced and how is it managed?  The end result is an enforceable award that can be entered as a judgment.  How should the proceeding be managed to produce an enforceable result that the parties can accept as fairly created?    
 
  1. How to manage the absence of the Rules of Evidence?
  2. What controls should there be on the admission of evidence?
  3. The use of prehearing discovery or affidavits during the hearing.
  4. Management of time, and how do you control the presentation of evidence?
 
V. DEMONSTRATION OF A PORTION OF A HEARING AND DISCUSSION OF THE ISSUES PRESENTED
 
VI. POST HEARING AND RETURN TO THE JUDICIAL SYSTEM
 
  1. Final vs. Interim Award - What authority does the Arbiter have to change his/her mind?  What are the benefits of an interim award?
  2. Substantive corrections, are they allowed, and under what circumstances?
  3. Clerical corrections, are they allowed, and under what circumstances?
  4. When does the Arbiter lose jurisdiction to adjudicate the dispute?
  5. Appeals
 
Ethical Considerations for Arbitrators
 
Miscellaneous Issues and questions and answers  
 
Mandatory MCLE Credit Hours
This seminar qualifies for 5.76 MCLE credit hours, including up to .75 LEPR credit hour.
This is an Intermediate Level Program.
 

 

Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in 2023, please use this course code: 231670ADO.

Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in 2024, please use this course code: 241135ADO.

 

 

 

 
 
 
 
 

Tags

Alternative Dispute Resolution
Big Ticket

The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.

Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees. The South Carolina Bar believes that all Bar members have the right to both meaningful learning and to the exchange of ideas in a civil environment. The Bar reserves the right to remove or exclude any person from a Bar event if that person is causing inappropriate disturbance, behaving in a manner inconsistent with accepted standards of decorum, or in any way preventing fellow Bar members from meaningful participation and learning.

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