NO SWIMTRUNKS REQUIRED:Hot-Tubbing at the ARBKen West, LL.M.

CPTA Legal Symposium

February 6, 2012

Hot-Tubbing

• What are we talking about?

• Why?

History

• An Aussie Innovation • Overflowing dockets

• Scientific evidence

• Other great Aussie innovations

• Boomerang, Digideroo, Refrigerator, Prepaid

Postage • The Notepad

Foundations

• R. v. Mohan

• Expert Evidence

• Relevant, Necessary, No

Exclusionary Rules and

Properly Qualified Expert

• LSUC RULES and LSUC Act

• Board Rules

Foundations, Con’t

• Statutory Powers and Procedures Act

The Benefits• Time

• Greater role for the

Expert

• Narrow the issues

• Assess the experts

together

• Experts challenge each other

•

•

The Detractors• Lawyers have less

control and we find

that upsetting

• Concerns over the trial

judge being too involved in the

process

• Can be unstructured

• Sometimes can be

very adversarial

In a Hearing• The witnesses are sworn

together.

• The judge may begin the

process with a question

• The experts can ask questions

of each other

• The lawyers can clarify points in

a direct exam fashion

• The American Experience: “The

voting rights case”

In an ADR

• What is ADR? • Formal vs Informal

• How can a Hot-Tub help?

• Narrow the issues.

• Find common ground • Give a mediator a full picture of the issues

The Elk Lake Experience

• The ARB’s First Attempt

• Both fact and

expert

• Thoughts

Video and Questions• How does it work in Reality?

• You be the jury? Yeas? Nays?

Remember:

WHEN IT COMES TO HOT-TUBBING, IT ISN’T WHERE YOU ARE, ITS WHO YOU’RE WITH!

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