Getting It Right from the Start: The Value of Pre-Arbitration Case Management Conferences

Phillip McCallum
6 days ago
2 min read

In arbitration, structure is strategy.

While one of arbitration’s greatest strengths is its flexibility, that same quality can be its greatest vulnerability when not paired with clarity and shared expectations. A well-executed pre-arbitration case management conference (CMC) sets the tone for efficiency, fairness, and control—before discovery issues, procedural misunderstandings, or scheduling breakdowns can derail progress.

At Schreiber ADR, I regularly serve as a neutral in high-stakes commercial and complex disputes. The best-run arbitrations nearly always begin with an intentional, collaborative case management call. Here’s why it matters—and what attorneys should prioritize.

The Why: Front-Loading the Process Prevents Friction Later

Arbitration isn’t litigation-lite—it’s a different animal altogether. And while the parties agree to sidestep the courtroom, they don’t always come aligned on the process that replaces it.

A pre-arbitration conference ensures:

Procedural issues are addressed before they become disputes.
Discovery expectations are set, not assumed.
Hearing dates are locked before calendars fill.
The scope of the arbitration is clearly defined (especially in multi-party or multi-issue matters).

Rather than waiting for something to go wrong and seeking clarification midstream, the CMC lets everyone build the foundation before the first exhibit is exchanged.

The How: Best Practices for a Productive Case Management Conference

1. Collaboratively Set the Rules of the RoadThe arbitration agreement may name a governing body (AAA, JAMS, etc.), but it often lacks specificity around timing, procedure, or evidentiary standards. The CMC is the opportunity to clarify or customize:

Which rules apply
Whether discovery will be limited (e.g., number of depositions, expert disclosures)
Whether motions will be permitted, and on what timeline
Format of the final hearing (in-person, remote, hybrid)

This is not the time for posturing—it’s the time for shared structure.

2. Agree on a Realistic TimelineTrial lawyers know how fast a docket can fill. In arbitration, where timelines are more fluid, firm dates for discovery, disclosures, and the final hearing are essential. A case management call forces calendar discipline early and prevents delay tactics later.

3. Address Electronic Discovery and Confidentiality EarlyComplex cases involving electronically stored information (ESI) can spiral without defined protocols. The CMC is the right time to outline how ESI will be handled and how confidentiality (especially for trade secrets or sensitive data) will be protected.

4. Discuss the Scope of the Arbitrator’s AuthorityIf enforcement, sanctions, or interim measures are on the table, the parties should agree early on how those decisions will be handled. The neutral’s authority and limitations should be outlined up front to avoid procedural challenges later.

Final Thought: Structure Creates Trust

In arbitration, the neutral doesn’t just interpret the facts—they shape the experience. When parties leave a well-run case management conference, they walk away with confidence: that the process will be efficient, fair, and focused.

At Schreiber ADR, I view the CMC as the first and most important act of service in any arbitration I oversee. It’s where the groundwork is laid not just for resolution, but for a dispute process that respects the time, resources, and intelligence of everyone involved.