Common use of Prehearing Procedures Clause in Contracts

Prehearing Procedures. In order to achieve the objectives of a just, fair, and expeditious resolution of the dispute, the arbitrator may either, upon accepting assignment as arbitrator, (i) promptly conduct a preliminary hearing or (ii) require the submission of written statements, or both, in which event, each party shall be entitled to make a brief statement of their respective positions, and at which time the arbitrator shall establish a timetable for prehearing activities and the conduct of the hearing, and may address initial requests from the parties for prehearing disclosure of information. At the preliminary hearing and/or thereafter, arbitrator shall have the discretion and authority to order, upon request or otherwise, the prehearing disclosure of information to the parties, including, without limitation, production of requested documents, exchange of witness lists and summaries of the testimony of proposed witnesses, and examination by deposition of potential witnesses. Pursuant to these same objectives, the arbitrator shall have the authority, upon request or otherwise, to conference with the parties of their designated representatives concerning any matter, and to set or modify timetables for all aspects of the arbitration proceeding.