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Event Recap: Litigation for Non-Litigators: The "Must Knows" When Suing or Being Sued & Alternative Dispute Resolution Methods

November 18, 2010

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Womble Carlyle’s Raleigh and RTP offices hosted a continuing legal education program for the Research Triangle Area Chapter of the Association of Corporate Counsel on Wednesday, Nov. 17th. Charles Holton and Chris Jones spoke on “Litigation for Non-Litigators: The ‘Must Knows’ When Suing or Being Sued & Alternative Dispute Resolution Methods.” 
 
The CLE program was attended by more than 50 in-house attorneys and law school students from the Raleigh/Durham/Chapel Hill area. In addition to Holton and Jones, Womble Carlyle attendees included Bill Conley, Curry Gaskins, Chris Humphrey, Tina Jones, Ken Lewis, Heather Mallard, Julie Meigs, Amanda Ray, Kurt Weaver, Kel Chin, Sara Mogilski and Marty Schlesinger.
 
CLE discussion topics included:
 
Litigation for Non-Litigators
  • Time Commitment - How long will this take?
  • Initiating an Action or Responding -  Initial investigation; choice of venue, judge and counsel; responsive pleading deadline
  • Discovery and Expert Witnesses - Purpose of discovery and practical value; expert consultants; testifying experts
  • Motion Practice and Narrowing Issues - Motions for summary judgment; motions to exclude evidence
  • Trial and Appeal - Realistic expectations; rational and irrational fear of and faith in juries and judges; time commitment
  • “Cannot Miss” Deadlines - Responsive pleading; requests for admission; expert witness disclosure (federal court) motions; notice of appeal; Record on Appeal
Alternative Dispute Resolution Methods
  • Arbitration - Federal Arbitration Act/State Uniform Acts; considerations for arbitration language in contracts; administering agencies and rules; recent Supreme Court developments; description of arbitration process
  • Mediation - Description of process; considerations for selection of a mediator; goals
  • Hybrid Processes - “Baseball” arbitration; High/Low arbitrations; Med/Arb/Med arrangements; summary trials; focus groups
  • Comparative Advantages / Disadvantages of ADR methods vs. court litigation
The event was held at the RBC Center in Raleigh.