Do you believe arbitrators should provide
parties with their preliminary views of the
strengths and weaknesses of their claims and defenses?
In my view, giving views on strengths or weakness of claims or defenses before evidence or arguments
have been presented could be interpreted as prejudging the matter and could raise questions
about the impartiality of the arbitrator.
I would decline any request by a party for
an evaluation but would suggest one or both
parties pursue other individuals or processes (e.g., a neutral, non-binding mini-trial or
mini arbitration, an expert evaluation) who
can assist in such evaluation.
At a later stage, I might request that the
parties focus or address certain issues in
briefing or may raise concerns based on the evidence presented.
