Background & Overview

To hold fair and independent hearings for our clients and to issue sound and timely decisions.

Background and Overview

The Mediation, Arbitration and Hearings Offices of J-Robert P. de Saglio, LLC ("Hearings Offices") provides full-service alternative dispute resolution services for the public, business organizations and government agencies. We provide the means of resolving disputes in a prompt manner. In arbitration proceedings, our arbitrators issue Findings of Fact, Conclusions of Law, and an Order, based on the evidence provided at the hearing.

Among the services that the Hearings Offices provides are:

· Impartial independent neutrals with expertise in administrative and substantive law (and just plain common sense)

· Accessible and economical hearings by telephone or in person

· Respectful, professional, and fair treatment of the parties

· Hearings which are scheduled promptly and conducted efficiently

· A fully developed record of testimony and exhibits from a hearing

· Researched and reasoned written decisions which are timely and understandable

Hearings vary from one-hour telephone hearings with pro se parties to extensive in-person hearings both pro se and with attorneys on both sides. More complex hearings may last several weeks or spread over several months.

It is our vision for our clients to perceive that they have had a fair opportunity to present their case and be heard by a knowledgeable and impartial neutral, even if the ultimate decision is against them. We want to be known as one of the best "central panel" hearings organizations, serving our clients by independently providing fair, timely, and efficient hearings that result in sound decisions, using appropriate technology while remaining accessible to persons who may lack technological skills and resources.

Process For Conducting Hearings

The essence of due process is to provide notice and a meaningful opportunity to be heard. The format of the hearing is what is important because it is the hearing which provides the meaningful opportunity to be heard. We envision the continuation of a mixture of in-person and telephone hearings, with the addition of some video and/or internet hearings in the foreseeable future.

In-person hearings. It is important to many people to have direct "in-person" contact with the arbitrator who decides their case. In-person hearings are particularly appropriate in cases with those pro se parties who have difficulty communicating, long or complex hearings, some hearings with interpreters, and hearings based on credibility. In-person hearings will be held at mutually agreeable locations and "one the road" where convenience for participants and witnesses is a factor and it is easier for the arbitrator to travel to the site rather than requiring everyone else to come to the arbitrator.

Telephone hearings. Telephone hearings offer a practical and effective alternative to many in-person hearings. Telephone hearings are often more convenient for parties and require less travel for the parties and/or the arbitrator. Telephone hearings allow coverage of multiple parties and/or offices at the same time. They offer safety both for the arbitrator and for the parties, since hostile parties can appear from different locations. They make telecommuting possible, including having the arbitrators conduct some hearings from their homes. We expect telephone hearings to become even more dominant as the typical format for short hearings. At the same time, the Hearings Offices does not expect nor desire only telephone hearings or go to the "telecenter" model for hearings.

Video and Web Conference hearings. One of the disadvantages of telephone hearings is the inability of the arbitrator (and other parties) to see the witnesses. We believe in the foreseeable future that video conferencing will be more conveniently available and at a lower cost, but will not displace the convenience of telephone hearings.

Specialized arbitration panels. The mixture of cases is likely to ebb and flow, as it has historically. However, the overall complexity and length of cases is likely to continue to increase. Because of increased complexity and the need for increased specialization by arbitrator's, the Hearings Offices has moved to greater use of panels, in which a limited number of arbitrators are assigned to a particular caseload. Panels allow greater specialization and are generally preferred by clients, but also make scheduling more difficult.

The Hearings Offices are relatively decentralized and emphasizes field operations. The function of the administrative office staff is to support the field offices which conduct the actual hearings and issues decisions, the core reasons for the Hearings Offices existence.