Preliminary Hearing Checklist

PRELIMINARY HEARING CHECKLIST

The following checklist enumerates the things the parties and the tribunal should address at the preliminary hearing, in addition to those that the parties or the tribunal believe to be appropriate to the particular case. The items to be addressed in a particular case depend on the size, subject matter, and complexity of the dispute, and are subject to the discretion of the tribunal:
(1)	the possibility of other non-adjudicative methods of dispute resolution, including mediation pursuant to Rule 18 of the Lextar Commercial Arbitration Rules;
(2)	whether all necessary or appropriate parties are included in the arbitration;
(3)	whether a party will seek a more detailed statement of claims, counterclaims or defenses;
(4)	whether there are any anticipated amendments to the parties’ claims, counterclaims, or defenses;
(5)	which arbitration rules, procedural law, and substantive law govern the arbitration;
(6)	whether there are any threshold or dispositive issues that can be efficiently decided without considering the entire case, including without limitation,
(i)	any preconditions that must be satisfied before proceeding with the arbitration;
(ii)	whether any claim or counterclaim falls outside the arbitrator’s jurisdiction or is otherwise not arbitrable;