Comments: “Hot-Tubbing” and ADR?

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Conna , Boston MA     04/24/14
Making "battles of the experts" more productive -- and shorter
Hot-tubbing, tandem experts, call it what you like -- I believe in this technique. It greatly assists the decision-maker in sorting through the issues, and also can help shorten the process of delivering expert testimony, thereby reducing overall costs. CPR explicitly suggests this technique as something that arbitrators and parties should consider in complex cases. Requiring the experts to meet outside of the presence of counsel to decide what issues are really in dispute -- and then jointly to create a document for the arbitrator explicitly identifying what they agree on and what they don't -- can also be a very helpful practice to mitigate unproductive battles of the experts.