Despite some initial trepidation, lawyers arbitrating construction cases by teleconference have found the “new normal” to be efficient and cost effective. But the inconveniences associated with face-to-face arbitrations are minuscule compared to the costs and risks associated with the document disclosure process. We need a “new normal” way to request and produce relevant documents in a virtual process.
It’s time to consider a standard, simplified disclosure rule that takes advantage of available technology to improve the outcomes of construction arbitration.
In our experience, many of the pain points associated with the exchange of documents could have been avoided had the parties adopted a mutually agreeable framework at the outset of a matter, and prior to the review and exchange of productions.… Read More