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ABOUT THE PROGRAM
Attendance at the seminar will provide participants with an overview of arbitration from pre-hearing to appeals, how arbitration fits in the bigger picture of alternative dispute resolution, the relationship between arbitration and the courts, and the advantages and disadvantages of arbitration. 

The program will include a comprehensive discussion of South Carolina’s ADR rules and the Federal Arbitration Act. Participants will also learn the procedures and practical skills necessary to properly conduct an arbitration hearing and determine Awards. The faculty will provide demonstrations on the various stages of an arbitration with emphasis on solutions to common problems that arise in the typical arbitration scenario. 

In addition, there will be a detailed discussion on the ethical issues facing arbitrators, litigants and their counsel, with a view toward the practical application of the rules of ethics for neutrals. Finally, participants will benefit from a panel discussion composed of our experienced and authoritative faculty. The panel will discuss valuable tips for successful arbitration practice and tackle the trips and traps you can expect to encounter as an arbitrator in South Carolina. Participants will be encouraged to join the discussion, so come prepared to ask your questions and offer your insights. 

Don’t miss this opportunity to gain the knowledge, skills and insights necessary to become a certified arbitrator in South Carolina.

Program Agenda
Presenters:
Henry W. Brown
, Nexsen Pruet, LLC
John A. Massalon, Wills Massalon & Allen LLC
Franklin J. Smith, Jr., Richardson Plowden & Robinson, PA
Thomas W. Traxler, Carter Smith Merriam Rogers & Traxler, PA

8: 50 a.m.        Welcome & Announcements

9 a.m.              I.          OPENING SESSION

  1. Introduction to Arbitration, its premises and statutory foundations, and a discussion of the various organizations supporting and administering arbitration.
  2. An analysis of the applicable statutes, state and federal, that support arbitration and judicial recognition of agreements.  Identification of the differences between the role of the Court, and the role of the arbiter.  Where does the jurisdiction of the Court end and the jurisdiction of the Arbiter begin?  Overview of arbitration from the initiation of the proceeding to enrollment of the award as a judgment.  Discussion of the statutory requirements that must be met to have an enforceable award.

10 a.m. II. PREHEARING ISSUES
This segment considers the time period and activities from the order or agreement compelling arbitration to the commencement of the hearing:

A. Arbitrability
B. Where do the rules of procedure come from and how are they managed?
C. Discovery – What can be enforced; what should be allowed?
D. Motions – To what extent should prehearing motions be allowed and used?
E. Preemption – How are the rights and remedies of the Federal Act and the State Act coordinated?F. Witness identification and exhibit collection
G. Agreements to manage time and ensure both sides get a fair allocation.

11 a.m. Break

11:15 a.m. III. DEMONSTRATION AND DISCUSSION of prehearing status/case management conference.

11:45 a.m. Lunch (included)

1 p.m. IV. HEARING STAGE

The hearing has commenced and how is it managed? The end result is an enforceable award that can be entered as a judgment. How should the proceeding be managed to produce an enforceable result that the parties can accept as fairly created?

A. How to manage the absence of the Rules of Evidence?
B. What controls should there be on the admission of evidence?
C. The use of prehearing discovery or affidavits during the hearing
D. Management of time, and how do you control the presentation of evidence?

2 p.m. V. DEMONSTRATION OF A PORTION OF A HEARING AND DISCUSSION OF THE ISSUES PRESENTED

2:30 p.m. Break

2:45 p.m. VI. POST HEARING AND RETURN TO THE JUDICIAL SYSTEM

A. Final v. Interim Award – What authority does the arbiter have to change his/her mind? What are the benefits of an interim award? 
B. Substantive corrections – Are they allowed, and under what circumstances?
C. Clerical corrections – Are they allowed, and under what circumstances? 
D. When does the arbiter lose jurisdiction to adjudicate the dispute?
E. Appeals

3:45 p.m. Ethical Considerations for Arbitrators

4:30 p.m. Miscellaneous Issues and Q&A

4:45 p.m. Adjourn

 

 

All registrations must be pre-paid. Need to cancel or transfer your registration? Simply notify us in writing no later than 24 hours prior to the published start time of the seminar at registrar@scbar.org. You will be eligible to receive a full refund, be transferred to the live webcast or archived online version of the same seminar (if available), or to a live seminar of equal or lesser value - all with no cancellation or transfer fee.  Refunds will not be issued for cancellations made within 24 hours of a seminar start time, but all other options listed above are available with no transfer fee.

 

Locations
  • Columbia
    In-Person Seminar
    Bar Conference Center
    1501 Park Street , Columbia, SC 29201