Arbitration ProcessOperational Issues and Business PracticesJim SporlederTom DalyConnie O’Mara

Year of the Arbitrator

Mark Megaw(Co-Chair) Sylvia Kaminsky (Co-Chair)

Tom Daly Jim Sporleder Connie O’Mara Aaron Stern Susan Grondine Mark Wigmore Marty Haber Andy Rothseid Peter Gentile Andy Douglas

Subcommittees: Forms, Ethics, Improving the Process 

2016: Eric Kobrick (Co-Chair) Sylvia Kaminsky (Co-

Chair) Lydia Kam Lyew Charles Ehrlich Roger Moak Fred Pickney Fred Marziano Jim Sporleder Connie O’Mara Aaron Stern Susan Grondine Mark Wigmore

Arbitration Committee Members 2015:

Process Improvement

ARIAS Quarterly "Toolkit Article” articles: First in 3Q15

Case list & Billing forms

Quarterly Need for fresh articles for "Toolkit"

Initiatives for further work:

Survey Results

ARIAS•U.S. Arbitrator Survey

Please describe your current employment status.

Answer OptionsResponse Percent

Response Count

I am employed by an insurance or reinsurance company.

23.0% 14

I am employed in the legal profession. 6.6% 4I am self employed as a consultant other practitioner.

50.8% 31

I am retired from the insurance, legal, or consulting profession.

19.7% 12

answered question 61

skipped question 0Please describe your current employment status.

I am employed by an insurance or reinsur-ance company.

I am employed in the legal profession.

I am self employed as a consultant other practi-tioner.

I am retired from the insurance, legal, or consulting profession.

Please describe your current arbitration practice

Answer OptionsResponse Percent

Response Count

I am a sole practitioner/individual arbitrator and perform all administrative functions.

87.7% 50

I am a sole practitioner and retain third parties to perform or assist with all administrative functions.

0.0% 0

I am employed and receive administrative support from company/law firm personnel.

12.3% 7

Other (please describe) 4answered question 57

skipped question 4

Please describe your current arbitration practice.I am a sole practitioner/in-dividual arbitrator and per-form all administrative functions.I am a sole practitioner and retain third parties to per-form or assist with all ad-ministrative functions.I am employed and receive administrative support from company/law firm person-nel.

Umpire Gigs:

Please describe your current activity as an Umpire.

Answer OptionsResponse Percent

Response Count

I am involved in 0 arbitrations. 42.6% 26

I am involved in 1 to 5 arbitrations. 50.8% 31

I am involved in 6 to 9 arbitrations. 3.3% 2

I am involved in 10 or more arbitrations. 3.3% 2

answered question 61skipped question 0

I am involved in 0 arbitrations.

I am involved in 1 to 5 arbitrations.

I am involved in 6 to 9 arbitrations.

I am involved in 10 or more arbitrations.

Umpire Questionnaires:

In 2014 and to date in 2015 I completed the following number of Umpire Questionnaires.

Answer OptionsResponse Percent

Response Count

0 11.5% 7

1 to 5 31.1% 19

6 to 9 29.5% 18

10 or more 27.9% 17

answered question 61skipped question 0

01 to 56 to 910 or more

How much time does it take?

30 minutes to an hour: 14

1 hour: 17

1.5 hours: 9

2 hours: 6

More than 3 hours: 5

Should arbitrators be paid for filling out a questionnaire?

Should arbitrators know how many were sent before they commit the time?

Should umpires be precluded from accepting other umpire assignments for either party during an arbitration?

 

Market Overview

Please describe your current activity as a party Arbitrator.

Answer OptionsResponse Percent

Response Count

I am involved in 0 arbitrations 32.8% 20

I am involved in 1 to 5 arbitrations 45.9% 28

I am involved in 6 to 9 arbitrations 6.6% 4

I am involved in 10 or more arbitrations 14.8% 9

answered question 61

skipped question 0

I am involved in 0 arbitra-tionsI am involved in 1 to 5 arbi-trationsI am involved in 6 to 9 arbi-trationsI am involved in 10 or more arbitrations

Study Done by D. Thirkill from ARIAS data as of 1/9/2015

Total Number of Appointments 7932

Total Number of Arbitrators 205

Percentage getting 80% of the work 25%

25% of the Arbitration community have had 80% of the work

Administrative issues:

Do you keep track of Umpire Questionnaires that you complete?

Answer OptionsResponse Percent

Response Count

Yes 63.6% 35No 36.4% 20

answered question 55skipped question 6

Do you diary Umpire Questionnaires to follow-up as to whether an Umpire has been appointed?

Answer OptionsResponse Percent

Response Count

Yes 37.0% 20

No 63.0% 34

answered question 54

skipped question 7

In your disclosure information, do you keep track of a third party administrator (e.g. Resolute) in your master list of cases?

Answer OptionsResponse Percent

Response Count

Yes 41.7% 25

No 58.3% 35

answered question 60

skipped question 1

Do you use a standard spreadsheet program for keeping track of your arbitrations and other work - for purposes of disclosures?

Answer OptionsResponse Percent

Response Count

Yes 67.8% 40

No 32.2% 19

answered question 59

skipped question 2

Working with other Arbitrators

Do you have someone to go to for business practice questions?

Answer OptionsResponse Percent

Response Count

Yes 39.3% 24

No 60.7% 37

answered question 61

skipped question 0

Would you find it useful to have regular "arbitrators only" workshop sessions to discuss your practice as arbitrator and to discuss current issues important to the Arbitrator community?

Answer OptionsResponse Percent

Response Count

Yes 63.8% 37

No 5.2% 3

Uncertain 31.0% 18

answered question 58

skipped question 3

Marketing

Do you attend law firm sponsored dinners at ARIAS•U.S.?

Answer OptionsResponse Percent

Response Count

Yes 78.3% 47

No 21.7% 13

answered question 60

skipped question 1

Do you engage in individual marketing trips to companies or law firms?

Answer OptionsResponse Percent

Response Count

Yes 27.1% 16

No 72.9% 43

answered question 59

skipped question 2

Marketing/Business Identity

Have you created (or had someone create for you) your own arbitrator website?

Answer OptionsResponse Percent

Response Count

Yes 38.3% 23

No 61.7% 37

answered question 60skipped question 1

Did you set up a separate corporation or LLC for your arbitration practice?

Answer OptionsA. Respons

e Percent

Response Count

Yes 48.3% 29No 51.7% 31

answered question 60

skipped question 1