Profile

Anthony M. DiLeo

President

I have served as an arbitrator for a number of organizations, including the AHLA, AAA, ICDR, CPR, and a number of ad hoc matters arising from some 32 states. I have sat as a Chair or a Panel member, or as solo arbitrator in over 250 cases with claims in many of those cases in the eight and nine figure range. I have been privileged to sit with panelists who are former state Supreme Court Justices, federal judges, and state court judges. The essence of effective service as an arbitrator is even-handedness with complete neutrality that is perceived by all parties to be such, as well as suspending any conclusions about the substance of the matter until the receipt of actual evidence at the hearing itself and through the conclusion of the hearing. The careful weighing of evidence and providing clear and reasoned explanations for decisions on motions, discovery, and on the merits are the essential elements for the durability and credibility of a well-crafted arbitration conclusion. While discovery in arbitration is usually within the province of the arbitrators and is not governed by state or federal rules of procedure, appropriate discovery is reasonable to permit a party access to essential witnesses and documents to prove a claim or defense, while avoiding potential excessive discovery that can sometimes occur in typical litigation. When conflicts in procedural matters develop, my experience is that they can usually be resolved by conference calls with the attorneys and having them reason through the requests and responses and discuss how those relate to an element of proof intended to be presented at the hearing. Arbitration, at its best, can be a time and expense saving mechanism, and one where less formality is demanded to allow flexibility to the parties and attorneys while still permitting the presentation of robust legal argument and evidence. A primary goal at the conclusion of arbitration is that all parties and all attorneys perceive that they have been permitted to present the legal arguments and facts they desire in a fair and impartial manner, that they have been fully heard, that their position has been carefully considered, and that the conclusion is a judicious, reasoned, and sensible application of the legal principals to the dispute.

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