September 2019
Arbitration After Hours Series:
The Fundamentals and Drafting Arbitration Clauses and Submission Agreements
Co-sponsored by the CBA Alternative Dispute Resolution Section
Program Description:
This program will kick off a three session deep-dive into modern arbitration.
The Fundamentals
With the high costs of litigation and congested courtroom dockets, parties are looking for ways to resolve disputes in a cost-effective, efficient manner, and many are turning to arbitration. This presentation will focus on the fundamentals:
- What is arbitration?
- The fundamentals – who, what, why and how
- Factors to consider (bench trial vs. jury trial vs. arbitration)
- Procedural problems which add delay and expense to some arbitration proceedings
- Ethical issues in arbitration
- Pros and Cons – arbitration and mediation
- Tools and concepts for successful arbitration agreements
- Arbitration procedures to improve efficiency
- The realities of arbitration
Drafting Arbitration Clauses and Submission Agreements
Mediation and arbitration are increasingly popular forms of Alternative Dispute Resolution (“ADR”), and many businesses now require ADR provisions in their contracts or agreements. However, Colorado’s Revised Uniform Arbitration Act (the “RUAA”) prohibits certain provisions of the RUAA from being waived in advance of any conflict, and provides that other provisions may only be waived after a conflict arises. If you practice law in business, real estate, construction, employment, or other areas that commonly utilize arbitration, you need to know how to draft ADR provisions (or to look for ways to attack their validity or enforceability if that would best serve your client).
In this program, attorney Mark E. Lassiter, an experienced arbitrator and ADR practitioner, will discuss:
- The best way to approach drafting ADR clauses and submission agreements
- Key provisions that every arbitration clause or arbitration submission agreement should have
- Key parties and stakeholders that must be considered for every arbitration clause or agreement
- Selecting the right substantive arbitration law that will govern the arbitration clause or agreement
- Selecting whether the arbitration is ‘administered’ by an Arbitration Organization (like JAG or the AAA) or ‘self-administered’ by the Arbitrator
- Common situations that are ‘carved out’ from arbitration – what they are and why they should be excluded
- Drafting attorneys’ fees clauses and provisions in ADR agreements
Upcoming Programs:
Join us for all three Arbitration After Hours Series programs!
October 1, 2019
Discovery in Arbitration & Pre-Hearing Preparation
November 5, 2019
The Tips and Traps to be Aware of Before Walking into an Arbitration & How to Effectively Present to Arbitrators