Hot Tubbing Expert Witnesses - Does It Work?

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.

Learning objectives:

• Learn what hot tubbing is and how it works in preparation for hearings and at the hearings.
• Learn how hot tubbing differs from the traditional expert witness testimony process.
• Understand the intended goal of hot tubbing.
• Understand what personal attributes must be considered when retaining an expert for hot tubbing.
• Become aware of both the people and the process issues that are often cited as disadvantages of hot tubbing.
• Be exposed to some recommendations on how to be effective when using the hot tubbing process.

Areas Covered in the Webinar:

• Hot tubbing is defined and discussed.
• The step by step process is of hot tubbing is set forth.
• The differences between the traditional expert witness process and hot tubbing are highlighted.
• Apparent advantages and disadvantages of hot tubbing are set forth.
• Recommendations concerning how to effectively use hot tubbing are provided.

Who Will Benefit:

• Attorneys considering the use of hot tubbing in arbitration or litigation.
• Owner and contractor executives potentially involved in arbitration or litigation when hot tubbing experts has been proposed.

Jim Zack
Executive Director, Navigant Consulting Inc

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.

Topic Background:

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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