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Schedule
Health care attorneys are increasingly turning to arbitration. This engaging, interactive program imparts the substantive knowledge and skills needed to arbitrate health law cases effectively. It will qualify you to serve as an arbitrator for the AHLA Dispute Resolution Service.
Topics will include:
- Arbitrator Selection and Legal Ethics and Disclosures
- Arbitrator Authority and Responsibilities
- Claim Management: Pre-Hearing Process, E-Discovery, Hearing, Awards, and Post-Hearing Issues
- Special Concerns: Pro Se Parties, Class Actions, Employment Cases, Consumer Cases
*All times are Eastern Standard Time
Monday, December 6, 2021 |
| 11:00-11:25 am |
| Welcome and Introductions Geoff Drucker |
| 11:25 am-12:25 pm |
|
Agreements to Arbitrate • Basic clause |
| 12:40-1:45 pm |
|
Process for Selecting an Arbitrator | Arbitrator Ethics and Disclosures • Number of arbitrators |
| 2:00-3:15 pm |
|
Group Exercise on Ethics |
| 3:30-4:15 pm |
|
Arbitrator Authority and Responsibilities • How AHLA rules support arbitrator in making determination • Trend toward managed arbitrations • Case law support for AHLA rules |
Tuesday, December 7, 2021 |
| 11:00-11:45 am |
|
Pre-Hearing Process—Preliminary Hearing • Procedural issues • Substantive issues • Fact Discovery and Expert Witnesses Disclosures (and Discovery) • The Scheduling Order |
| 11:45 am-12:45 pm |
|
Pre-Hearing Process—Discovery | Subpoenas |Motions | Emergency Relief |Mediation • Subpoenas: Issuance and Enforcement (Depositions vs. Final Hearing) • Motions: What is permitted; what is helpful; scheduling • Interim Relief: Summary Adjudications, Injunctions, Motions in Limine, Etc. • Mediation: Benefits and Timing (Ethical Considerations) |
| 1:00-1:45 pm |
|
Managing Health Care Documents in Arbitration • Basic terms and concepts |
| 2:00-3:15 pm |
|
Group Exercise on Arbitrator Authority and Preliminary Hearings • Handout with 9 questions on authority and process for analysis and group discussion |
Wednesday, December 8, 2021 |
| 11:00 am-12:15 pm |
|
Arbitration Hearings • Pre-hearing submissions |
| 12:30-1:45 pm |
|
Group Exercise on Arbitration Hearings • Handout with 7 questions for analysis and group discussion |
| 2:00-2:45 pm |
|
Post-Hearing Issues • Vacating an award: statutes and jurisdiction (Including Alleged Errors of Fact and Law) • How courts rules on these grounds (Limitations of Review) • Enforcement of a Final Award (Jurisdiction for Confirmation and/or Vacatur) |
| 3:00-4:15 pm |
|
Special Concerns: Pro Se Parties | Sanctions | Class Actions | AHLA Rules and Process | Employment and Consumer Cases | Revised Uniform Arbitration Act • How to manage parties who are representing themselves |
Thursday, December 9, 2021 |
| 11:00 am-12:00 pm |
|
Awards • Partial Final Awards • Form / framework of awards • AHLA rules on awards • Drafting of awards |
| 12:15-1:30 pm |
|
Group Exercise on Awards |
| 1:30-2:15 pm |
| Question and Answer Session Elise D. Brennan Geoff Drucker Paul E. Risner Myra C. Selby Glenn J. Waldman |
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