Answer to Question 1
D
Answer to Question 2
The attorney plays a critical role in arbitration, which usually involves parties who are
business persons, and a case with complex issues and a significant amount of money and
property at stake. An attorney's role begins with making sure that the client's business
contracts contain well-drafted, enforceable ADR clauses. When presented with a dispute, an
attorney should determine if it is subject to an ADR clause and, if so, to prepare a written
demand. If not, the attorney should determine if arbitration is appropriate and, if so, propose
it to the other side. If they agree, the attorney should prepare a submission. Conversely, an
attorney may want to help a client resist a demand based on legal grounds, such as fraud in the
inducement of the contract.
The attorney assists the client to select an arbitrator, prepares statements of the client's case
in order to influence the arbitrator, and to persuade the arbitrator to admit favorable evidence
and deny admission of unfavorable evidence. The attorney also prepares and transmits
discovery, conducts depositions and evaluates evidence from the other side. At the conclusion
of discovery, the attorney prepares hearing exhibits, briefs witnesses, drafts an opening
statement, and generally prepares for the hearing. At the hearing the attorney will present
the evidence, examine and cross-examine witnesses and puts on the client's case. After the
award, the attorney will counsel the client regarding whether to appeal and, if so, will prepare
the appeal. Conversely, the attorney may counsel the client to ask a court to enter the award
as a judgment in order to give the client more power to enforce it and, if so, will facilitate the
request.
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