The Prehearing Conference: The Key to the Whole Process

• Author: David A. Allgeyer
• Pages: 41-52

41

The Prehearing

Conference: The Key

tothe Whole Process

At just about any continuing education class you go to on arbi-

tration, an arbitrator or panel of arbitrator-speakers will tell

you the prehearing conference is the most important part of the

whole arbitration process. Unfortunately, ticking down a list of

what you need to get ready to deal with at the conference is not

very exciting. So it’s easy to tune this topic out.

Don’t. The arbitrators that say the prehearing conference

is really important are right. And it is especially important in

patent arbitration if you want to realize the benefits that arbi-

tration can offer.

The prehearing conference is usually conducted by phone

with counsel and the arbitrator or panel on the line. Let’s have a

look at the main things you should consider well before you get

on the phone.

THE KEY QUESTIONS

Key questions you need to answer are as follows: (a) How much

discovery do you need? (b) What kind of discovery do you need?

(c) Are there prehearing matters that we should take up before

the hearing? (d) When should we have the hearing? (e) How long

CHAPTER 7