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Event Information
Live Webinar: South Carolina Arbitration Certification Training
February 11, 2025
Credits
N/A
MCLE: 6.00
Ethics: 0.75
Pricing
Dates
Tuesday, February 11, 2025Time
8:55 AM - 4:45 PMRegistration Deadline
Wednesday, February 12, 2025
Live Webinars are Non-Live in Person Hours.
This special arbitration certification training seminar
will provide participants with an overview of arbitration from pre-hearing to
appeals. You will learn how arbitration fits into 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. Our experienced
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 which will
focus on 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.
This seminar is an Intermediate level program.
This program qualifies for 6.0 MCLE; 0.75 LEPR.
SC Supreme Commission on CLE Course #252092ADO.
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.
Registration Fees
| Price Description | Amount |
|---|
Agenda
Speakers
| Name | Organization | Speaking At |
|---|---|---|
| Bess DuRant | Sowell & DuRant, LLC | - |
| Franklin Smith | FJS ADR Services | - |
| Henry Brown | Henry W. Brown, LLC | - |
| John Massalon | Wills Massalon & Allen LLC | - |
| Thomas Traxler | Carter Smith Merriam Rogers & Traxler, PA | - |
| Thornwell Sowell | Sowell & DuRant, LLC | - |
Policy
Need to cancel or transfer your registration? Simply notify us in writing no later than 24 hours prior to the published start time of the seminar at registrar@scbar.org. You will be eligible to receive a full refund, be transferred to the live webinar or archived on-demand version of the same seminar, if available, or to a live or archived seminar of equal or lesser value. If you need to cancel within 24 hours of the start time of a program, you are eligible to take the program in its archived, on-demand format, if available. Neither transfers to the live webinar nor refunds will be issued for cancellations made within 24 hours of a seminar start time.
Continuing Education
Agenda
8:30 a.m.
Registration
8:55 a.m.
Welcome & Opening Remarks
Henry
W. Brown
9:00 a.m.
Introduction to Arbitration and Review of Key Statutes and Cases
Bess
J. DuRant
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.
10:00 a.m.
Prehearing Issues: Faculty Panel Discussion
This segment considers the time period and activities from the Order or agreement compelling arbitration to the commencement of the hearing:
A.
Arbitrability.
B.
Where do the rules of procedure come from and how are they managed?
C.
Discovery – What can be enforced, what should be allowed?
D.
Motions – To what extent should prehearing motions be allowed and used?
E.
Preemption – How are the rights and remedies of the Federal Act and the State Act coordinated?
F.
Witness identification and exhibit collection.
G. Agreements
to manage time and ensure both sides get a fair allocation.
11:00 a.m.
Break
11:15 a.m.
Demonstration and Discussion of prehearing status/case management conference
John A. Massalon
Franklin J. Smith, Jr.
Thomas W. Traxler
11:45 a.m.
Lunch (Not Included)
Hearing Stage: Faculty Panel Discussion
Now that the hearing has commenced, 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.
A.
How to manage the absence of the Rules of Evidence?
B.
What controls should there be on the admission of evidence?
C.
The use of prehearing discovery or affidavits during the hearing.
D.
Management of
time, and how do you control the presentation of evidence?
2:00 p.m.
Demonstration of a Portion of a Hearing and Discussion of the Issues Presented
Bess J. DuRant
Thornwell F. “Biff” Sowell III
Thomas W. Traxler
2:30 p.m.
Break
Post Hearing and Return to the Judicial System: Faculty Panel Discussion
A.
Final
vs. Interim Award – What authority does the Arbiter have to change his/her
mind? What are
the benefits of an interim award?
B.
Substantive corrections, are they allowed, and under what circumstances?
C.
Clerical corrections, are they allowed, and under what circumstances?
D.
When does the Arbiter lose jurisdiction to adjudicate the dispute?
E.
Appeals
3:45 p.m.
Ethical
Considerations for Arbitrators: Faculty Panel
Discussion
Miscellaneous
Issues and questions and answers
4:45 p.m.
Adjourn