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Scheduling Order

Monday, July 13, 2026 7:06 AM | Anonymous

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How should one design a realistic scheduling order: dispositive-motion gates, pre-hearing briefing, and firm-but-fair deadlines?

What are your thoughts? 



Comments

  • Monday, July 13, 2026 10:06 AM | Thomas P. Valenti
    A realistic scheduling order should be designed backward from a firm hearing date, with carefully placed gates that prevent motion practice and discovery disputes from consuming the arbitration.

    How should one design a realistic scheduling order: dispositive-motion gates, pre-hearing briefing, and firm-but-fair deadlines?

    What are your thoughts?
    Worked for 11s

    A realistic scheduling order should be designed backward from a firm hearing date, with carefully placed gates that prevent motion practice and discovery disputes from consuming the arbitration.

    Start with the hearing date, not the discovery requests

    Set the evidentiary hearing first, estimate the number of hearing days, and then work backward. The order should identify:

    - hearing dates and daily hours;
    - final pre-hearing conference;
    - pre-hearing briefs;
    - witness and exhibit exchanges;
    - discovery cutoff;
    - expert disclosures;
    - dispositive-motion dates


    This makes each deadline serve the hearing rather than becoming an isolated procedural event. The AAA materials similarly treat the preliminary hearing and resulting scheduling order as the framework for all subsequent preparation

    The deeper design question is who decides procedure, when, and with what degree of party input. A sound order uses party consultation at the front end, followed by clear tribunal control once the schedule is set. That is consistent with the broader insight that dispute-resolution processes should distinguish substantive decision-making from procedural and meta-procedural decision-making. It also reflects the value of identifying the neutral’s orientation and procedural role openly rather than allowing expectations to remain ambiguous.

    Make deadlines firm, but define fairness in advance

    “Firm but fair” should be defined. A useful standard is:

    "Deadlines will be enforced. A request to modify a deadline must be made promptly, explain the reason for the request, identify prior extensions, state the opposing party’s position, and describe the effect on other deadlines and the hearing. The tribunal will consider diligence, foreseeability, prejudice, proportionality, and the ability to preserve the hearing dates."

    A workable order should feel demanding but not punitive: everyone knows the path, surprise is minimized, and exceptions remain available where fairness genuinely requires them.
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