University of Miami
School of Law
Faculty Meeting Room (4th Floor of the Law Library)
TIME: 2:00 p.m. - 6:00 p.m
Preparing Expert Witness Reports.
In this session, Ms. Gorskie and Mr. Spiller will each provide guidelines for preparing damages reports. Some of the issues to cover include questions for counsel to ask, direction and guidance the expert needs, and some of the common pitfalls and mistakes. After providing their guidelines, Ms. Gorskie and Mr. Spiller will conduct a simulation using facts known to the audience. As part of the simulation, the audience will have the opportunity to participate with questions and comments on the process.
Preparing Expert Witnesses for Testimony.
Here, Mr. Mechelli and Mr. Spiller will review the key elements to preparing witnesses for testimony. The speakers will discuss the best practices for witness preparation and touch on some of the cultural differences that can affect the preparation of both counsel and expert. In addition, the speakers will consider some of the recent developments in the field, such as "hot-tubbing," and how these practices can influence witness preparation. Again, a simulated witness prep scenario will follow with questions and comments from the audience.
Examining Expert Witnesses.
In this final session, Mr. Lorenzo and Mr. Spiller will discuss the basic principles underlying witness examination and testimony. The speakers will consider cultural and language differences as well as the examination process, both from the standpoint of the expert and counsel. The session will conclude with a mock examination designed to capture witness participation in the process.
Joe S. Cecil & Thomas E. Willging, Court-Appointed Experts: Defining the Role of Experts Appointed Under Federal Rule of Evidence 706, Federal Judicial Center 1993.
D. Dave, Should Experts Be Neutrals or Advocates?, in Albert Jan van den Berg, Arbitration Advocacy in Changing Times, The Hague, 2011, pages 149 ff.
P. Friedland - K. Brown de Vejar, Discoverability of Communications Between Counsel and Party-Appointed Experts in International Arbitration, in Albert Jan van den Berg,Arbitration Advocacy in Changing Times, The Hague, 2011, page 160 ff.
Juan Montero Aroca, La Prueba en el Proceso Civil, Madrid, 2002, pages 240-279.
Wolfang Peter, Witness ‚Conferencing‘, 21 Arbitration International 2002, pages 47-58.
Alan Redfern & Martin Hunter, Law and Practice of International Commercial Arbitration, London 1999, pages 311-338.
Klaus Sachs & Nils Schmidt-Ahrendts, Protocol on Expert Teaming: A New Approach to Expert Evidence, in Albert Jan van den Berg, Arbitration Advocacy in Changing Times, The Hague, 2011, pages 135-148.
Relevant rules and guidelines of the following institutions, such as IBA, CIArb, UNICITRAL, ICC, ICDR, LCIA, JAMS, CPR.