Frequently Asked Questions

1. Do you allow Summary Judgments?

 

  • My guiding principal is to provide both sides a complete and fair opportunity to have their cases heard. Within that parameter, if one side can convince me that a summary judgment is a “slam dunk” that will narrow the issues, I’ll give it a try. Otherwise, my experience is that filing summary judgments, pro forma, merely adds an unjustifiable layer of cost and unproductive time for both parties.

 

2. Discovery

 

  • The amount and kind of discovery, of course, is dependent upon the needs of a particular case and the parties’ agreement. Generally, I encourage parties to significantly limit discovery only to what is directly relevant and I ask them to convince me of the necessity of the request.

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  • For international cases, unless the parties agree otherwise in writing, I follow Rule 21.

 

3. Do I “split the baby?”

 

  • Never. As a former Judge, I’m decisive, used to “picking a winner,” and not concerned with making an “unpopular” decision.

 

4. Do I conduct an Arbitration like court?

 

  • I recognize and abide by the differences between a judge and an arbitrator and between a judicial proceeding and an arbitration.

 

5. How do I conduct Arbitration proceedings?

 

  • Between the preliminary conference and the Evidentiary Hearing I like to “check-in,” periodically to make sure everything’s on track and that there are no problems that need my assistance. Case managers will tell you that I’m always accessible and approachable.

 

  • My hearings are informal and flexible but professional and efficient. I’m open to tailoring it to best fit the needs and circumstances of a particular case and, within reason and fairness to both sides, I relax the rules of evidence.

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  • Arbitration is the parties’ process, and I respect that.

 

6. How long do your Arbitration cases take?

  • From the preliminary conference to the Hearing, I do my best to move the process along, much faster than court, but with sensitivity to a litigator’s busy and stressful schedule.

 

  • As a former judge, I quickly learned how to efficiently manage and expedite a heavy docket.

 

  • In many respects, I think of Arbitration as a process which “cuts through the red tape” of court proceedings, gets to, and resolves the “heart” of matter rather quickly.

A Judge Can Make
An Excellent Arbitrator