An Introduction to the Arbitration Preliminary Conference for Clients
April 20th, 2026
A colleague of mine, Theo Cheng, now a distinguished arbitrator and mediator, recently published an excellent piece titled “Preliminary Hearings in Arbitration: The Arbitrator’s Perspective (U.S.)” in Dispute Resolution Magazine. These are the key takeaways for clients:
The preliminary conference at the start of arbitration is one of the first and most important steps in the arbitration process. Arbitration is designed to be more flexible than traditional litigation; this stage allows the parties to structure the process in a way that promotes a fair and efficient resolution. Addressing potential issues early and agreeing on procedures in advance can help reduce unnecessary delays and expenses as the arbitration moves forward. The preliminary conference is intended to establish clear procedures, timelines, and expectations at the outset; it helps create a more efficient and predictable path toward the final hearing.
In the preliminary conference, the arbitrator works with both sides to set a schedule, outline how documents and information will be exchanged, and identify any early issues that could affect the case. Typically, the conference begins with a brief overview of the dispute, so the arbitrator understands the key claims, defenses, and the relief being sought.
The discussion then turns to important procedural matters, including which laws and arbitration rules will apply, whether there are any issues about the arbitrator’s authority to hear the case, and whether any required steps have been satisfied. The parties and arbitrator will also establish a case schedule, including deadlines for exchanging documents and information and key milestones leading up to the final hearing. The arbitrator may also raise the possibility of mediation to resolve the dispute without a hearing. The decisions made during the conference are typically documented in a formal scheduling order, which serves as the guiding framework for the arbitration.
Your attorney will take the leading role, but the client should be prepared to make a brief statement and to answer any questions that may be posed to the client by the arbitrator. Client participation is valuable during discussions about case management and logistics, helping the arbitrator better understand the context and importance of the dispute. This will be the first impression that the arbitrator has on the client and counsel, therefore it is important to remain civil.
For a comprehensive review of and explanation about the preliminary conference, please see the excellent piece by Theo Cheng in Dispute Resolution Magazine here.
To learn how Castaybert PLLC can assist you in arbitration matters, please click here.
