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Handling Difficult Attorneys, Parties and Witnesses in Arbitration
This program will address difficult attorney behaviors of many types, including attempts to delay or disrupt the proceedings, or to intimidate the arbitrator, opposing counsel, or witnesses. We will discuss difficult parties, including those appearing pro se or who are represented but refuse to cooperate with their own counsel. We will discuss witnesses who may be belligerent or perhaps just apprehensive about the arbitration process.
The speakers will suggest techniques for mitigating the disruption to the proceedings from difficult participants, with the goal of maintaining neutrality and ensuring a fair process .
Finally, the Panel will discuss how to keep control of the process in the face of challenging participants. It will also review the arbitrators authority under the AAA Rules, including the power to sanction disruptive misconduct as articulated in AAA Comm. R-60.
This is intended to be a lively, interactive session, with all participants invited to share how they have handled difficult counsel, parties, or witnesses.
1.5 Participatory MCLE Credits
Dana Alison Welch
Dana Welch has served as an arbitrator for over twenty-two years, presiding over nearly 400 matters, ranging from multi-million dollar cross-border transactions to single claimant employment disputes. She is on the American Arbitration Association’s Large, Complex Commercial Dispute and Employment rosters.
Dana is the Past-President of CalArb, Inc., President-elect of the College of Commercial Arbitrators, and a Fellow of the Chartered Institute of Arbitrators. She is also a member of the CLA’s Litigation Section’s ADR Committee. Dana is a Northern California “Super Lawyer” in ADR and was included in the 2022, 2023 and 2024 Editions of Best Lawyers in America® for arbitration.
Before becoming a full-time arbitrator, she was the General Counsel of a technology-focused investment bank and a litigation partner at an AmLaw 50 law firm.
Edward Benjamin Lozowicki, Arbitrator & Mediator
Edward Lozowicki is a well-known Arbitrator & Mediator specializing in Construction, Energy, and Commercial cases. He has served as Panel Chair, Panel Member or Sole Arbitrator in many cases through hearing and award, some with damages in nine figures. He serves on the panels of the American Arbitration Association (including its Large Complex Case Panels), CPR, FINRA and the California Public Works Arbitration Program.
Ed is a Fellow of the College of Commercial Arbitrators, the Chartered Institute of Arbitrators and the Construction Lawyers Society of America. He was Co-Chair of the Arbitration Committee of the ABA Dispute Resolution Section and is now a member of the Governing Council of that Section. Ed also taught Alternative Dispute Resolution at the Law School of Santa Clara University.
Previously he was a business trial partner at three international law firms and has over 35 years' experience as a trial lawyer. Prior to private practice he served as corporate counsel for a large international construction company. He has tried many cases before judges, juries, arbitrators and administrative agencies.
Ed has published many articles and lectured on arbitration law for the AAA and the ABA Dispute Section.
He recently served on the faculty of the ABA’s Annual Arbitration Institute. Further information: www.lozowickiADR.com.
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We are committed to accessibility! All OnDemand programs after January 1, 2022 include closed captioning. To request closed captioning for a program older than January 1, 2022, send us a note at accessibility@calawyers.org or contact us at 916-516-1760 for assistance.
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