Winning Pre-Hearing Strategies: Navigating delays, settlements, and disclosure requirements

In this webinar, attendees will examine guiding legal principles and best practices during the pre-hearing stage. Specifically, speakers will address the following questions:

• How should parties assess the merits of a case and determine whether arbitration is appropriate or a settlement is feasible? When will mediation be indicated?
• What procedural and fundamental objections are commonly raised at arbitration (g. failing to follow the grievance procedure, disclosure of documents, arbitrator bias, etc.)? When early should these objections be raised?
• What types of documents are protected by solicitor-client privilege, labour relations privilege, or privacy laws?
• What mistakes should be avoided when drafting particulars? What information is the other side entitled to?
• What factors should parties take into account when choosing between virtual and in-person hearing formats if a choice is available?
• How early should parties begin preparing for hearings? When will using generative artificial intelligence (“AI”) be of assistance during the pre-hearing stage?
• What are frequent reasons for delays during the pre-hearing stage and how can parties avoid them? What types of behaviour leading to delay would be considered an abuse of process? What remedies are possible?