The following is not meant to be legal advice.
When informing a client of the proposed arbitrators for a case, the attorney may also inform the client what he/she thinks the lows and highs should be of the other party’s claims.
The letter may also confirm any telephone conversations that indicate the client’s agreement to binding arbitration.
The letter should conclude with requesting the client to make the decision on who the particular arbitrator should be, the amounts, the proposed date, and the need to execute a stipulation for binding arbitration.
With arbitration, an arbitration brief would need to be prepared. The arbitration brief would need to be shown to the other party so the attorney supervising a law clerk to draft the brief should be wise not tell the clerk not to draft anything into the brief which would require disclosure of documents such as insurance discussions that the party does not want or need to share at the time of arbitration.
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