Why Should You Attend:
This webinar identifies what hot tubbing is and identifies the goal of this process. The basic steps of hot tubbing and highlights how hot tubbing differs from the traditional expert witness procedures employed in arbitration and litigation. The basic steps of hot tubbing are laid out along with a discussion of both the advantages and disadvantages of this manner of presenting expert witness testimony. Due to the differences in the traditional and the hot tubbing process, the webinar concludes with a series of recommendations concerning how to effectively use the hot tubbing process.
Areas Covered in the Webinar:
Who Will Benefit:
James Zack is the Senior Advisor, Ankura Construction Forum™ – the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Jim was founder and former Executive Director of the Navigant Construction Forum™.Previously, Executive Director, Corporate Claims Management, Fluor Corporation; Vice President, PinnacleOne and Executive Director, PinnacleOne Institute; and Senior Construction Claims Consultant, CH2M HILL, Inc. With 47 years’ experience, he is a recognized expert in mitigation, analysis and resolution or defense of construction claims. A Fellow of AACE International. The Royal Institution of Chartered Surveyors, and the Guild of Project Controls, Mr. Zack is a Certified Forensic Claims Consultant, a Certified Construction Manager and a Project Management Professional as well as an internationally known author and speaker on construction claims.
Hot Tubbing, also known as Concurrent Evidence or the Tandem Expert Process, originated in Australia in the mid-1990s but has been imported to the U.S. in recent years. While hot tubbing has primarily been used in arbitration it is now moving into U.S. courtrooms. As initially formulated the process was intended as a way to better control a case involving expert testimony. Generally, the process involves expert witnesses taking the witness stand to offer their opinions back to back on specific issues. Following each presentation, the experts may question one another and debate various responses. The judge or tribunal can also question each expert to clarify issues in their minds. As is to be expected, there are perceived good and bad points concerning the process. This paper is based in part on a literature review concerning hot tubbing. This information is bolstered by the results of a privately run survey of expert witnesses who have participated in matters involving hot tubbing. Each experienced expert was asked to address what they consider to be the benefits and the weaknesses of the process in order to answer the question – does hot tubbing work from the perspective of the testifying expert?
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