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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
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