Pre-Arbitration Case Management Conferences: Structuring Early Discussions for Efficient Proceedings

Arbitration is often chosen for its efficiency—but without early planning, proceedings can still become unnecessarily complex and costly. That’s where a Pre-Arbitration Case Management Conference (CMC) comes in. By structuring early discussions between parties, counsel, and the arbitrator, these conferences set the stage for a smoother, more predictable process.

Here’s how a well-managed CMC can improve arbitration outcomes:

1. Clarifying Procedural Rules

One of the primary benefits of a case management conference is clarifying which arbitration rules will apply. By addressing these details up front, parties avoid confusion later and ensure the process aligns with expectations.

2. Narrowing the Issues

Early conferences allow parties to define the scope of disputes, reducing time spent on tangential or duplicative claims. Identifying key legal and factual issues at the outset can help streamline discovery and focus the hearing.

3. Setting Timelines and Deadlines

Scheduling discovery, witness exchanges, and hearing dates early in the process prevents delays. Clear deadlines keep the arbitration on track and reduce the risk of last-minute disputes over timing.

4. Managing Discovery and Evidence

Unlike litigation, discovery in arbitration is limited. A CMC gives parties the chance to agree on the scope of discovery—such as the number of depositions, electronic evidence protocols, and expert witness submissions—ensuring proportionality.

5. Promoting Cost Efficiency

By addressing procedure, scope, and scheduling early, parties reduce inefficiencies that drive up costs. A carefully planned CMC helps deliver on arbitration’s promise of being faster and less expensive than litigation.

Pre-Arbitration Case Management Conferences are not just procedural formalities—they are critical to ensuring efficiency, fairness, and predictability in arbitration. By investing in structure at the outset, parties save time, reduce costs, and increase the likelihood of a fair and enforceable award.