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ABOUT THE PROGRAM
The South Carolina Bar CLE Division and the South Carolina Bar Dispute Resolution Section are pleased to offer South Carolina Arbitration Certification Training. This special seminar meets the qualifications under SC ADR Rule 19 for circuit court arbitration certification training. Attendance at the seminar will provide participants with an overview of the various forms of alternative dispute resolution, how arbitration fits within the big picture, and the advantages and disadvantages of arbitration. The program will also provide a comprehensive discussion of South Carolina’s ADR rules, as well as the Federal Arbitration Act. Further, participants will learn the procedures and practical skills necessary to properly conduct an arbitration hearing and determine awards, and witness an arbitration simulation with emphasis on solutions to common problems that arise in the typical arbitration scenario. In addition, there will be a detailed discussion of 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, several of whom serve or have served on the Supreme Court’s ADR Commission. The panel will not only discuss valuable tips for successful arbitration practice, but also 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 questions and offer your own insights.

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

This seminar is an intermediate to advanced level program.

Course Planner: Henry W. Brown, Nexsen Pruet, LLC

Presenters:
Henry W. Brown, Nexsen Pruet, LLC
John A. Massalon, Wills Massalon & Allen LLC
Franklin J. Smith Jr., Richardson Plowden & Robinson, PA
Thornwell F. (Biff) Sowell III, Sowell Gray Robinson Stepp & Laffitte, LLC

AGENDA
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. Cancellation & Refund Policy: Refunds, less $25 administrative fee, will be made for cancellations received in writing to the CLE Registrar at registrar@scbar.org by 5 p.m., one week prior to the seminar. Cancellations will not be accepted within one week of seminar date. One-time transfers to seminars of like value or to the live webcast of the seminar (if available) will be accepted for a $25 administrative fee in lieu of cancellations within one week of seminar. Requests to transfer to the live webcast must be received by 1p.m. the day prior to the program. Designated substitutes may take the place of registrants unable to attend.

If you have a disability, please call ahead to let us know how we may accommodate your needs.

Locations
  • Columbia
    In-Person Seminar
    Bar Conference Center
    1501 Park Street , Columbia, SC 29201
  • Summerville
    In-Person Seminar
    Summerville
    1516 Old Trolley Rd. , Summerville, SC 29485