The Art of Arbitration: Strategically Structuring Your Case in Washington

Smith Freed & Eberhard Partner, Kyle Riley, will take attendees through the mandatory arbitration process and provide insight as to how to strategically structure your case in Washington.

Mandatory Arbitration (MAR) can be a complex aspect in any litigation strategy. Strategic decisions must continually be made from the beginning of the process, up until trial (if necessary.) Making the wrong move early on can have lasting ramifications, and can tie a defendant’s hands when taking the case to trial. A thoughtful, well-structured MAR strategy can help insurers and their insureds successfully manage many obstacles and achieve favorable outcomes.

The presentation will cover the following topics:

  • Pitfalls of treating arbitration as an unimportant step in litigation
  • Determining what discovery should be done if the case is put into MAR
  • Best practices for the execution of discovery
  • To retain, or not to retain (an expert, that is)
  • Strategies for optimal preparation for trial de novo if discovery was not allowed during MAR
  • Analysis of why all discovery should be allowed post-MAR
  • Editor’s note: We experienced a small technical malfunction during the first few minutes of the presentation. The slides did not advance as expected. We quickly
  • fixed the issue, and the rest of the presentation is fine from then on.

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