hot tubbing
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Hot-Tubbing at the ARB Ken West, LL.M. CPTA Legal Symposium February 6, 2012 • What are we talking about? • Why ? • Other great Aussie innovations •Boomerang, Digideroo, Refrigerator, Prepaid Postage •The Notepad • An Aussie Innovation •Overflowing dockets •Scientific evidence •Expert Evidence •Relevant, Necessary, No Exclusionary Rules and Properly Qualified Expert • LSUC RULES and LSUC Act • Board Rules • R. v. Mohan Foundations, Con’t • Statutory Powers and Procedures ActTRANSCRIPT
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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