Construction Arbitrator Survey

For questions with these possible answers, the following guidelines should apply:

Always:

 Approximately 100%

Usually:

 Approximately 75%

Half the Time:

 Approximately 50%

Seldom:

 Approximately 25%

Never:

 Approximately 0%

1. What is your primary professional background?

2. Approximately how many times have you served as an arbitrator in a construction case during your career?

3. What type of arbitration demand do you prefer?

4. In resolving disputes regarding locale, how often do you select a locale that is:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Different from that specified in the contract?	a. Different from that specified in the contract?: Always	a. Different from that specified in the contract?: Usually	a. Different from that specified in the contract?: Half the Time	a. Different from that specified in the contract?: Seldom	a. Different from that specified in the contract?: Never
b. Different from the city closest to the project if no locale specified in the contract?	b. Different from the city closest to the project if no locale specified in the contract?: Always	b. Different from the city closest to the project if no locale specified in the contract?: Usually	b. Different from the city closest to the project if no locale specified in the contract?: Half the Time	b. Different from the city closest to the project if no locale specified in the contract?: Seldom	b. Different from the city closest to the project if no locale specified in the contract?: Never
c. Different from that suggested by the organization, if any, administering the arbitration?	c. Different from that suggested by the organization, if any, administering the arbitration?: Always	c. Different from that suggested by the organization, if any, administering the arbitration?: Usually	c. Different from that suggested by the organization, if any, administering the arbitration?: Half the Time	c. Different from that suggested by the organization, if any, administering the arbitration?: Seldom	c. Different from that suggested by the organization, if any, administering the arbitration?: Never
d. Different from a statute requiring the locale to be in the state in which the project was built?	d. Different from a statute requiring the locale to be in the state in which the project was built?: Always	d. Different from a statute requiring the locale to be in the state in which the project was built?: Usually	d. Different from a statute requiring the locale to be in the state in which the project was built?: Half the Time	d. Different from a statute requiring the locale to be in the state in which the project was built?: Seldom	d. Different from a statute requiring the locale to be in the state in which the project was built?: Never

5. When you are serving as the third neutral arbitrator chosen by party-appointed arbitrators, do you find party-appointed arbitrators are:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Neutral in their behavior and decisions?	a. Neutral in their behavior and decisions?: Always	a. Neutral in their behavior and decisions?: Usually	a. Neutral in their behavior and decisions?: Half the Time	a. Neutral in their behavior and decisions?: Seldom	a. Neutral in their behavior and decisions?: Never
b. As substantively experienced as arbitrators obtained from ADR organizations?	b. As substantively experienced as arbitrators obtained from ADR organizations?: Always	b. As substantively experienced as arbitrators obtained from ADR organizations?: Usually	b. As substantively experienced as arbitrators obtained from ADR organizations?: Half the Time	b. As substantively experienced as arbitrators obtained from ADR organizations?: Seldom	b. As substantively experienced as arbitrators obtained from ADR organizations?: Never
c. As procedurally experienced as arbitrators obtained from ADR organizations?	c. As procedurally experienced as arbitrators obtained from ADR organizations?: Always	c. As procedurally experienced as arbitrators obtained from ADR organizations?: Usually	c. As procedurally experienced as arbitrators obtained from ADR organizations?: Half the Time	c. As procedurally experienced as arbitrators obtained from ADR organizations?: Seldom	c. As procedurally experienced as arbitrators obtained from ADR organizations?: Never

6. Has any ADR organization ever shown you a disqualification motion filed against you?

7. How often are you asked to conduct arbitrations:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Pursuant to unmodified rules of ADR organizations?	a. Pursuant to unmodified rules of ADR organizations?: Always	a. Pursuant to unmodified rules of ADR organizations?: Usually	a. Pursuant to unmodified rules of ADR organizations?: Half the Time	a. Pursuant to unmodified rules of ADR organizations?: Seldom	a. Pursuant to unmodified rules of ADR organizations?: Never
b. Pursuant to rules of ADR organizations that are modified by the parties' arbitration agreement?	b. Pursuant to rules of ADR organizations that are modified by the parties' arbitration agreement?: Always	b. Pursuant to rules of ADR organizations that are modified by the parties' arbitration agreement?: Usually	b. Pursuant to rules of ADR organizations that are modified by the parties' arbitration agreement?: Half the Time	b. Pursuant to rules of ADR organizations that are modified by the parties' arbitration agreement?: Seldom	b. Pursuant to rules of ADR organizations that are modified by the parties' arbitration agreement?: Never
Pursuant only to statutory (e.g. FAA or RUAA) requirements?	Pursuant only to statutory (e.g. FAA or RUAA) requirements?: Always	Pursuant only to statutory (e.g. FAA or RUAA) requirements?: Usually	Pursuant only to statutory (e.g. FAA or RUAA) requirements?: Half the Time	Pursuant only to statutory (e.g. FAA or RUAA) requirements?: Seldom	Pursuant only to statutory (e.g. FAA or RUAA) requirements?: Never

The following questions relate to the preliminary hearing and discovery in construction arbitration.

8. In cases that are not considered large or complex, how often do you order:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. A date by which a very detailed statement of claims, counterclaims and defenses should be exchanged?	a. A date by which a very detailed statement of claims, counterclaims and defenses should be exchanged?: Always	a. A date by which a very detailed statement of claims, counterclaims and defenses should be exchanged?: Usually	a. A date by which a very detailed statement of claims, counterclaims and defenses should be exchanged?: Half the Time	a. A date by which a very detailed statement of claims, counterclaims and defenses should be exchanged?: Seldom	a. A date by which a very detailed statement of claims, counterclaims and defenses should be exchanged?: Never
b. A date by which a detailed calculation of damages for claims and counterclaims should be exchanged?	b. A date by which a detailed calculation of damages for claims and counterclaims should be exchanged?: Always	b. A date by which a detailed calculation of damages for claims and counterclaims should be exchanged?: Usually	b. A date by which a detailed calculation of damages for claims and counterclaims should be exchanged?: Half the Time	b. A date by which a detailed calculation of damages for claims and counterclaims should be exchanged?: Seldom	b. A date by which a detailed calculation of damages for claims and counterclaims should be exchanged?: Never

9. Please identify how often you may suggest or discuss with counsel or parties the use of any of the following procedures to reduce costs or increase efficiency of arbitration hearings, or list others if applicable:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Chess clock division of hearing time between parties?	a. Chess clock division of hearing time between parties?: Always	a. Chess clock division of hearing time between parties?: Usually	a. Chess clock division of hearing time between parties?: Half the Time	a. Chess clock division of hearing time between parties?: Seldom	a. Chess clock division of hearing time between parties?: Never
b. Joint calling of witnesses?	b. Joint calling of witnesses?: Always	b. Joint calling of witnesses?: Usually	b. Joint calling of witnesses?: Half the Time	b. Joint calling of witnesses?: Seldom	b. Joint calling of witnesses?: Never
c. Joint calling (“hot tubbing”) of experts?	c. Joint calling (“hot tubbing”) of experts?: Always	c. Joint calling (“hot tubbing”) of experts?: Usually	c. Joint calling (“hot tubbing”) of experts?: Half the Time	c. Joint calling (“hot tubbing”) of experts?: Seldom	c. Joint calling (“hot tubbing”) of experts?: Never
d. Receipt of detailed summaries of witnesses testimony and exhibits subject to cross-examination?	d. Receipt of detailed summaries of witnesses testimony and exhibits subject to cross-examination?: Always	d. Receipt of detailed summaries of witnesses testimony and exhibits subject to cross-examination?: Usually	d. Receipt of detailed summaries of witnesses testimony and exhibits subject to cross-examination?: Half the Time	d. Receipt of detailed summaries of witnesses testimony and exhibits subject to cross-examination?: Seldom	d. Receipt of detailed summaries of witnesses testimony and exhibits subject to cross-examination?: Never
e. Submission of stipulated, undisputed facts?	e. Submission of stipulated, undisputed facts?: Always	e. Submission of stipulated, undisputed facts?: Usually	e. Submission of stipulated, undisputed facts?: Half the Time	e. Submission of stipulated, undisputed facts?: Seldom	e. Submission of stipulated, undisputed facts?: Never
f. Submission of joint exhibits?	f. Submission of joint exhibits?: Always	f. Submission of joint exhibits?: Usually	f. Submission of joint exhibits?: Half the Time	f. Submission of joint exhibits?: Seldom	f. Submission of joint exhibits?: Never
g. Presentation of all exhibits via specified presentation software in electronic format (as opposed to hard copy)?	g. Presentation of all exhibits via specified presentation software in electronic format (as opposed to hard copy)?: Always	g. Presentation of all exhibits via specified presentation software in electronic format (as opposed to hard copy)?: Usually	g. Presentation of all exhibits via specified presentation software in electronic format (as opposed to hard copy)?: Half the Time	g. Presentation of all exhibits via specified presentation software in electronic format (as opposed to hard copy)?: Seldom	g. Presentation of all exhibits via specified presentation software in electronic format (as opposed to hard copy)?: Never
Enter another option	Other: Always	Other: Usually	Other: Half the Time	Other: Seldom	Other: Never

10. In regard to the scope of document exchange, how often do you order:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Entire project file, including all project related paper hard copies and all project related Electronically Stored Information (ESI)?	a. Entire project file, including all project related paper hard copies and all project related Electronically Stored Information (ESI)?: Always	a. Entire project file, including all project related paper hard copies and all project related Electronically Stored Information (ESI)?: Usually	a. Entire project file, including all project related paper hard copies and all project related Electronically Stored Information (ESI)?: Half the Time	a. Entire project file, including all project related paper hard copies and all project related Electronically Stored Information (ESI)?: Seldom	a. Entire project file, including all project related paper hard copies and all project related Electronically Stored Information (ESI)?: Never
b. Targeted/limited scope production as determined by arbitrator of project files and/or related ESI communications [based on manual or technology assisted review].	b. Targeted/limited scope production as determined by arbitrator of project files and/or related ESI communications [based on manual or technology assisted review].: Always	b. Targeted/limited scope production as determined by arbitrator of project files and/or related ESI communications [based on manual or technology assisted review].: Usually	b. Targeted/limited scope production as determined by arbitrator of project files and/or related ESI communications [based on manual or technology assisted review].: Half the Time	b. Targeted/limited scope production as determined by arbitrator of project files and/or related ESI communications [based on manual or technology assisted review].: Seldom	b. Targeted/limited scope production as determined by arbitrator of project files and/or related ESI communications [based on manual or technology assisted review].: Never
c. Only documents on which parties intend to rely?	c. Only documents on which parties intend to rely?: Always	c. Only documents on which parties intend to rely?: Usually	c. Only documents on which parties intend to rely?: Half the Time	c. Only documents on which parties intend to rely?: Seldom	c. Only documents on which parties intend to rely?: Never
d. Only documents that are considered "relevant and material to the outcome" as opposed to reasonably calculated to lead to the discovery of admissible evidence?	d. Only documents that are considered "relevant and material to the outcome" as opposed to reasonably calculated to lead to the discovery of admissible evidence?: Always	d. Only documents that are considered "relevant and material to the outcome" as opposed to reasonably calculated to lead to the discovery of admissible evidence?: Usually	d. Only documents that are considered "relevant and material to the outcome" as opposed to reasonably calculated to lead to the discovery of admissible evidence?: Half the Time	d. Only documents that are considered "relevant and material to the outcome" as opposed to reasonably calculated to lead to the discovery of admissible evidence?: Seldom	d. Only documents that are considered "relevant and material to the outcome" as opposed to reasonably calculated to lead to the discovery of admissible evidence?: Never
e. Documents that are reasonably calculated to lead to the discovery of admissible evidence?	e. Documents that are reasonably calculated to lead to the discovery of admissible evidence?: Always	e. Documents that are reasonably calculated to lead to the discovery of admissible evidence?: Usually	e. Documents that are reasonably calculated to lead to the discovery of admissible evidence?: Half the Time	e. Documents that are reasonably calculated to lead to the discovery of admissible evidence?: Seldom	e. Documents that are reasonably calculated to lead to the discovery of admissible evidence?: Never
f. Disclosures consistent with FRCP Rule 26?	f. Disclosures consistent with FRCP Rule 26?: Always	f. Disclosures consistent with FRCP Rule 26?: Usually	f. Disclosures consistent with FRCP Rule 26?: Half the Time	f. Disclosures consistent with FRCP Rule 26?: Seldom	f. Disclosures consistent with FRCP Rule 26?: Never

11. If the parties cannot agree on the type of ESI to be exchanged, how often do you require exchange of:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Documents in Paper format only (no ESI)?	a. Documents in Paper format only (no ESI)?: Always	a. Documents in Paper format only (no ESI)?: Usually	a. Documents in Paper format only (no ESI)?: Half the Time	a. Documents in Paper format only (no ESI)?: Seldom	a. Documents in Paper format only (no ESI)?: Never
b. ESI documents in Native format?	b. ESI documents in Native format?: Always	b. ESI documents in Native format?: Usually	b. ESI documents in Native format?: Half the Time	b. ESI documents in Native format?: Seldom	b. ESI documents in Native format?: Never
c. ESI documents in Non-Native format, e.g. PDF or TIFF?	c. ESI documents in Non-Native format, e.g. PDF or TIFF?: Always	c. ESI documents in Non-Native format, e.g. PDF or TIFF?: Usually	c. ESI documents in Non-Native format, e.g. PDF or TIFF?: Half the Time	c. ESI documents in Non-Native format, e.g. PDF or TIFF?: Seldom	c. ESI documents in Non-Native format, e.g. PDF or TIFF?: Never
d. ESI documents with OCR/Extracted Text and/or Metadata?	d. ESI documents with OCR/Extracted Text and/or Metadata?: Always	d. ESI documents with OCR/Extracted Text and/or Metadata?: Usually	d. ESI documents with OCR/Extracted Text and/or Metadata?: Half the Time	d. ESI documents with OCR/Extracted Text and/or Metadata?: Seldom	d. ESI documents with OCR/Extracted Text and/or Metadata?: Never

12. For discovery in "regular” arbitrations (not large or complex), how often do you:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Allow limited interrogatories?	a. Allow limited interrogatories?: Always	a. Allow limited interrogatories?: Usually	a. Allow limited interrogatories?: Half the Time	a. Allow limited interrogatories?: Seldom	a. Allow limited interrogatories?: Never
b. Allow limited requests for admissions?	b. Allow limited requests for admissions?: Always	b. Allow limited requests for admissions?: Usually	b. Allow limited requests for admissions?: Half the Time	b. Allow limited requests for admissions?: Seldom	b. Allow limited requests for admissions?: Never
c. Allow limited depositions of parties?	c. Allow limited depositions of parties?: Always	c. Allow limited depositions of parties?: Usually	c. Allow limited depositions of parties?: Half the Time	c. Allow limited depositions of parties?: Seldom	c. Allow limited depositions of parties?: Never
d. Allow limited depositions of third-party witnesses if requested and the other party does not object?	d. Allow limited depositions of third-party witnesses if requested and the other party does not object?: Always	d. Allow limited depositions of third-party witnesses if requested and the other party does not object?: Usually	d. Allow limited depositions of third-party witnesses if requested and the other party does not object?: Half the Time	d. Allow limited depositions of third-party witnesses if requested and the other party does not object?: Seldom	d. Allow limited depositions of third-party witnesses if requested and the other party does not object?: Never
e. Allow limited depositions of experts?	e. Allow limited depositions of experts?: Always	e. Allow limited depositions of experts?: Usually	e. Allow limited depositions of experts?: Half the Time	e. Allow limited depositions of experts?: Seldom	e. Allow limited depositions of experts?: Never
f. Allow limited pre-hearing subpoenas?	f. Allow limited pre-hearing subpoenas?: Always	f. Allow limited pre-hearing subpoenas?: Usually	f. Allow limited pre-hearing subpoenas?: Half the Time	f. Allow limited pre-hearing subpoenas?: Seldom	f. Allow limited pre-hearing subpoenas?: Never

13. For discovery in "large or complex" arbitrations, how often do you:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Allow limited interrogatories?	a. Allow limited interrogatories?: Always	a. Allow limited interrogatories?: Usually	a. Allow limited interrogatories?: Half the Time	a. Allow limited interrogatories?: Seldom	a. Allow limited interrogatories?: Never
b. Allow limited requests for admissions?	b. Allow limited requests for admissions?: Always	b. Allow limited requests for admissions?: Usually	b. Allow limited requests for admissions?: Half the Time	b. Allow limited requests for admissions?: Seldom	b. Allow limited requests for admissions?: Never
c. Allow limited depositions of parties?	c. Allow limited depositions of parties?: Always	c. Allow limited depositions of parties?: Usually	c. Allow limited depositions of parties?: Half the Time	c. Allow limited depositions of parties?: Seldom	c. Allow limited depositions of parties?: Never
d. Allow limited depositions of third-party witnesses if requested and the other party does not object?	d. Allow limited depositions of third-party witnesses if requested and the other party does not object?: Always	d. Allow limited depositions of third-party witnesses if requested and the other party does not object?: Usually	d. Allow limited depositions of third-party witnesses if requested and the other party does not object?: Half the Time	d. Allow limited depositions of third-party witnesses if requested and the other party does not object?: Seldom	d. Allow limited depositions of third-party witnesses if requested and the other party does not object?: Never
e. Allow limited depositions of experts?	e. Allow limited depositions of experts?: Always	e. Allow limited depositions of experts?: Usually	e. Allow limited depositions of experts?: Half the Time	e. Allow limited depositions of experts?: Seldom	e. Allow limited depositions of experts?: Never
f. Allow limited pre-hearing subpoenas?	f. Allow limited pre-hearing subpoenas?: Always	f. Allow limited pre-hearing subpoenas?: Usually	f. Allow limited pre-hearing subpoenas?: Half the Time	f. Allow limited pre-hearing subpoenas?: Seldom	f. Allow limited pre-hearing subpoenas?: Never

14. As part of planning for the conduct of the hearing, how often do you consider issues such as:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Bifurcating the hearings between entitlement and quantum?	a. Bifurcating the hearings between entitlement and quantum?: Always	a. Bifurcating the hearings between entitlement and quantum?: Usually	a. Bifurcating the hearings between entitlement and quantum?: Half the Time	a. Bifurcating the hearings between entitlement and quantum?: Seldom	a. Bifurcating the hearings between entitlement and quantum?: Never
b. Encouraging parties to focus their presentation first on issues the decision of which could dispose of all or part of the case?	b. Encouraging parties to focus their presentation first on issues the decision of which could dispose of all or part of the case?: Always	b. Encouraging parties to focus their presentation first on issues the decision of which could dispose of all or part of the case?: Usually	b. Encouraging parties to focus their presentation first on issues the decision of which could dispose of all or part of the case?: Half the Time	b. Encouraging parties to focus their presentation first on issues the decision of which could dispose of all or part of the case?: Seldom	b. Encouraging parties to focus their presentation first on issues the decision of which could dispose of all or part of the case?: Never

15. In considering summary dispositive motions, how often do you:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Freely entertain such motions by all parties?	a. Freely entertain such motions by all parties?: Always	a. Freely entertain such motions by all parties?: Usually	a. Freely entertain such motions by all parties?: Half the Time	a. Freely entertain such motions by all parties?: Seldom	a. Freely entertain such motions by all parties?: Never
b. Discourage such motions unless the parties stipulate that no material facts are in dispute?	b. Discourage such motions unless the parties stipulate that no material facts are in dispute?: Always	b. Discourage such motions unless the parties stipulate that no material facts are in dispute?: Usually	b. Discourage such motions unless the parties stipulate that no material facts are in dispute?: Half the Time	b. Discourage such motions unless the parties stipulate that no material facts are in dispute?: Seldom	b. Discourage such motions unless the parties stipulate that no material facts are in dispute?: Never
c. Require that a party seek the arbitrator’s approval to bring such a motion after making a showing that the motion is likely to succeed, dispose of, or narrow the issues in a case?	c. Require that a party seek the arbitrator’s approval to bring such a motion after making a showing that the motion is likely to succeed, dispose of, or narrow the issues in a case?: Always	c. Require that a party seek the arbitrator’s approval to bring such a motion after making a showing that the motion is likely to succeed, dispose of, or narrow the issues in a case?: Usually	c. Require that a party seek the arbitrator’s approval to bring such a motion after making a showing that the motion is likely to succeed, dispose of, or narrow the issues in a case?: Half the Time	c. Require that a party seek the arbitrator’s approval to bring such a motion after making a showing that the motion is likely to succeed, dispose of, or narrow the issues in a case?: Seldom	c. Require that a party seek the arbitrator’s approval to bring such a motion after making a showing that the motion is likely to succeed, dispose of, or narrow the issues in a case?: Never
d. Decline or reserve ruling on such motions until after the close of the hearing?	d. Decline or reserve ruling on such motions until after the close of the hearing?: Always	d. Decline or reserve ruling on such motions until after the close of the hearing?: Usually	d. Decline or reserve ruling on such motions until after the close of the hearing?: Half the Time	d. Decline or reserve ruling on such motions until after the close of the hearing?: Seldom	d. Decline or reserve ruling on such motions until after the close of the hearing?: Never

16. How often do you find that dispositive motions in construction cases:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Are useful to your preparation for the hearing even if the motion is unsuccessful?	a. Are useful to your preparation for the hearing even if the motion is unsuccessful?: Always	a. Are useful to your preparation for the hearing even if the motion is unsuccessful?: Usually	a. Are useful to your preparation for the hearing even if the motion is unsuccessful?: Half the Time	a. Are useful to your preparation for the hearing even if the motion is unsuccessful?: Seldom	a. Are useful to your preparation for the hearing even if the motion is unsuccessful?: Never
b. Are useful to extract or establish specific facts necessary for the resolution of the case?	b. Are useful to extract or establish specific facts necessary for the resolution of the case?: Always	b. Are useful to extract or establish specific facts necessary for the resolution of the case?: Usually	b. Are useful to extract or establish specific facts necessary for the resolution of the case?: Half the Time	b. Are useful to extract or establish specific facts necessary for the resolution of the case?: Seldom	b. Are useful to extract or establish specific facts necessary for the resolution of the case?: Never
c. Are over-used by counsel for the parties and not helpful to you as the arbitrator?	c. Are over-used by counsel for the parties and not helpful to you as the arbitrator?: Always	c. Are over-used by counsel for the parties and not helpful to you as the arbitrator?: Usually	c. Are over-used by counsel for the parties and not helpful to you as the arbitrator?: Half the Time	c. Are over-used by counsel for the parties and not helpful to you as the arbitrator?: Seldom	c. Are over-used by counsel for the parties and not helpful to you as the arbitrator?: Never

The following questions concern the conduct of the hearing.

17. Approximately what percentage of your arbitration panels include non-lawyers?

18. How often do you enforce state or federal rules of evidence:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. If the arbitration rules governing the dispute require their use?	a. If the arbitration rules governing the dispute require their use?: Always	a. If the arbitration rules governing the dispute require their use?: Usually	a. If the arbitration rules governing the dispute require their use?: Half the Time	a. If the arbitration rules governing the dispute require their use?: Seldom	a. If the arbitration rules governing the dispute require their use?: Never
b. If the arbitration rules governing the dispute do not require their use?	b. If the arbitration rules governing the dispute do not require their use?: Always	b. If the arbitration rules governing the dispute do not require their use?: Usually	b. If the arbitration rules governing the dispute do not require their use?: Half the Time	b. If the arbitration rules governing the dispute do not require their use?: Seldom	b. If the arbitration rules governing the dispute do not require their use?: Never

19. If the arbitration rules do not require application of rules of evidence, do evidentiary objections have any impact on your view of the evidence or your deliberations?

20. What types of presentation techniques have you found helpful or persuasive in construction cases?

21. What types of presentation techniques have you found unhelpful or unpersuasive in construction cases?

The following questions deal with final awards.

22. In reaching your decision and rendering your award, how often do you:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Enforce the parties’ contract in strict accordance with its terms?	a. Enforce the parties’ contract in strict accordance with its terms?: Always	a. Enforce the parties’ contract in strict accordance with its terms?: Usually	a. Enforce the parties’ contract in strict accordance with its terms?: Half the Time	a. Enforce the parties’ contract in strict accordance with its terms?: Seldom	a. Enforce the parties’ contract in strict accordance with its terms?: Never
b. Only enforce the parties’ contract in strict accordance with its terms if the contract requires the arbitrator to do so?	b. Only enforce the parties’ contract in strict accordance with its terms if the contract requires the arbitrator to do so?: Always	b. Only enforce the parties’ contract in strict accordance with its terms if the contract requires the arbitrator to do so?: Usually	b. Only enforce the parties’ contract in strict accordance with its terms if the contract requires the arbitrator to do so?: Half the Time	b. Only enforce the parties’ contract in strict accordance with its terms if the contract requires the arbitrator to do so?: Seldom	b. Only enforce the parties’ contract in strict accordance with its terms if the contract requires the arbitrator to do so?: Never
c. Resolve disputes strictly in accord with applicable law or statutes?	c. Resolve disputes strictly in accord with applicable law or statutes?: Always	c. Resolve disputes strictly in accord with applicable law or statutes?: Usually	c. Resolve disputes strictly in accord with applicable law or statutes?: Half the Time	c. Resolve disputes strictly in accord with applicable law or statutes?: Seldom	c. Resolve disputes strictly in accord with applicable law or statutes?: Never
d. Apply your own sense of justice and industry standards in formulating your awards even if it is contrary to what the contract or applicable law may require?	d. Apply your own sense of justice and industry standards in formulating your awards even if it is contrary to what the contract or applicable law may require?: Always	d. Apply your own sense of justice and industry standards in formulating your awards even if it is contrary to what the contract or applicable law may require?: Usually	d. Apply your own sense of justice and industry standards in formulating your awards even if it is contrary to what the contract or applicable law may require?: Half the Time	d. Apply your own sense of justice and industry standards in formulating your awards even if it is contrary to what the contract or applicable law may require?: Seldom	d. Apply your own sense of justice and industry standards in formulating your awards even if it is contrary to what the contract or applicable law may require?: Never

23. Regarding an often-heard sentiment that arbitrators often "split the baby” or render a compromise award, how often do you:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Render and award based only on the law and facts presented?	a. Render and award based only on the law and facts presented?: Always	a. Render and award based only on the law and facts presented?: Usually	a. Render and award based only on the law and facts presented?: Half the Time	a. Render and award based only on the law and facts presented?: Seldom	a. Render and award based only on the law and facts presented?: Never
b. Render compromise awards based on the amounts of the claims asserted?	b. Render compromise awards based on the amounts of the claims asserted?: Always	b. Render compromise awards based on the amounts of the claims asserted?: Usually	b. Render compromise awards based on the amounts of the claims asserted?: Half the Time	b. Render compromise awards based on the amounts of the claims asserted?: Seldom	b. Render compromise awards based on the amounts of the claims asserted?: Never
c. Award an amount in arbitration greater than you would expect in court because you are often not bound by rules of evidence and procedure?	c. Award an amount in arbitration greater than you would expect in court because you are often not bound by rules of evidence and procedure?: Always	c. Award an amount in arbitration greater than you would expect in court because you are often not bound by rules of evidence and procedure?: Usually	c. Award an amount in arbitration greater than you would expect in court because you are often not bound by rules of evidence and procedure?: Half the Time	c. Award an amount in arbitration greater than you would expect in court because you are often not bound by rules of evidence and procedure?: Seldom	c. Award an amount in arbitration greater than you would expect in court because you are often not bound by rules of evidence and procedure?: Never
d. Award an amount in arbitration lower than you would expect in court?	d. Award an amount in arbitration lower than you would expect in court?: Always	d. Award an amount in arbitration lower than you would expect in court?: Usually	d. Award an amount in arbitration lower than you would expect in court?: Half the Time	d. Award an amount in arbitration lower than you would expect in court?: Seldom	d. Award an amount in arbitration lower than you would expect in court?: Never
e. Render a compromise award in close cases rather than what might be awarded based on a strict view of the proof and law?	e. Render a compromise award in close cases rather than what might be awarded based on a strict view of the proof and law?: Always	e. Render a compromise award in close cases rather than what might be awarded based on a strict view of the proof and law?: Usually	e. Render a compromise award in close cases rather than what might be awarded based on a strict view of the proof and law?: Half the Time	e. Render a compromise award in close cases rather than what might be awarded based on a strict view of the proof and law?: Seldom	e. Render a compromise award in close cases rather than what might be awarded based on a strict view of the proof and law?: Never

24. How often do you award fees and expenses against a party for:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Violation of interim awards and orders?	a. Violation of interim awards and orders?: Always	a. Violation of interim awards and orders?: Usually	a. Violation of interim awards and orders?: Half the Time	a. Violation of interim awards and orders?: Seldom	a. Violation of interim awards and orders?: Never
b. Discovery abuses?	b. Discovery abuses?: Always	b. Discovery abuses?: Usually	b. Discovery abuses?: Half the Time	b. Discovery abuses?: Seldom	b. Discovery abuses?: Never
c. Assertion of frivolous claims or defenses?	c. Assertion of frivolous claims or defenses?: Always	c. Assertion of frivolous claims or defenses?: Usually	c. Assertion of frivolous claims or defenses?: Half the Time	c. Assertion of frivolous claims or defenses?: Seldom	c. Assertion of frivolous claims or defenses?: Never
d. Conduct that would violate a standard similar to Rule 11?	d. Conduct that would violate a standard similar to Rule 11?: Always	d. Conduct that would violate a standard similar to Rule 11?: Usually	d. Conduct that would violate a standard similar to Rule 11?: Half the Time	d. Conduct that would violate a standard similar to Rule 11?: Seldom	d. Conduct that would violate a standard similar to Rule 11?: Never

25. In construction arbitrations, how often do you:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Refuse to accept evidence deemed cumulative, unreliable, unnecessary, or of slight value?	a. Refuse to accept evidence deemed cumulative, unreliable, unnecessary, or of slight value?: Always	a. Refuse to accept evidence deemed cumulative, unreliable, unnecessary, or of slight value?: Usually	a. Refuse to accept evidence deemed cumulative, unreliable, unnecessary, or of slight value?: Half the Time	a. Refuse to accept evidence deemed cumulative, unreliable, unnecessary, or of slight value?: Seldom	a. Refuse to accept evidence deemed cumulative, unreliable, unnecessary, or of slight value?: Never
b. Refuse to accept evidence of settlement negotiations on the grounds that they are privileged?	b. Refuse to accept evidence of settlement negotiations on the grounds that they are privileged?: Always	b. Refuse to accept evidence of settlement negotiations on the grounds that they are privileged?: Usually	b. Refuse to accept evidence of settlement negotiations on the grounds that they are privileged?: Half the Time	b. Refuse to accept evidence of settlement negotiations on the grounds that they are privileged?: Seldom	b. Refuse to accept evidence of settlement negotiations on the grounds that they are privileged?: Never
c. Grant subpoenas to produce witnesses and documents at the hearing?	c. Grant subpoenas to produce witnesses and documents at the hearing?: Always	c. Grant subpoenas to produce witnesses and documents at the hearing?: Usually	c. Grant subpoenas to produce witnesses and documents at the hearing?: Half the Time	c. Grant subpoenas to produce witnesses and documents at the hearing?: Seldom	c. Grant subpoenas to produce witnesses and documents at the hearing?: Never
d. Receive and consider evidence of witnesses by declaration and affidavit?	d. Receive and consider evidence of witnesses by declaration and affidavit?: Always	d. Receive and consider evidence of witnesses by declaration and affidavit?: Usually	d. Receive and consider evidence of witnesses by declaration and affidavit?: Half the Time	d. Receive and consider evidence of witnesses by declaration and affidavit?: Seldom	d. Receive and consider evidence of witnesses by declaration and affidavit?: Never
e. Give evidence submitted by affidavit equal weight to live testimony?	e. Give evidence submitted by affidavit equal weight to live testimony?: Always	e. Give evidence submitted by affidavit equal weight to live testimony?: Usually	e. Give evidence submitted by affidavit equal weight to live testimony?: Half the Time	e. Give evidence submitted by affidavit equal weight to live testimony?: Seldom	e. Give evidence submitted by affidavit equal weight to live testimony?: Never
f. Do you find a site inspection to be helpful?	f. Do you find a site inspection to be helpful?: Always	f. Do you find a site inspection to be helpful?: Usually	f. Do you find a site inspection to be helpful?: Half the Time	f. Do you find a site inspection to be helpful?: Seldom	f. Do you find a site inspection to be helpful?: Never

26. In considering claims for interim or permanent equitable relief in construction cases:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Are you generally less likely to grant equitable relief than a court?	a. Are you generally less likely to grant equitable relief than a court?: Always	a. Are you generally less likely to grant equitable relief than a court?: Usually	a. Are you generally less likely to grant equitable relief than a court?: Half the Time	a. Are you generally less likely to grant equitable relief than a court?: Seldom	a. Are you generally less likely to grant equitable relief than a court?: Never
b. Do you apply the same applicable judicial standards as you think a court would for such claims?	b. Do you apply the same applicable judicial standards as you think a court would for such claims?: Always	b. Do you apply the same applicable judicial standards as you think a court would for such claims?: Usually	b. Do you apply the same applicable judicial standards as you think a court would for such claims?: Half the Time	b. Do you apply the same applicable judicial standards as you think a court would for such claims?: Seldom	b. Do you apply the same applicable judicial standards as you think a court would for such claims?: Never
c. Do you require bonds or other security similar to courts when issuing temporary injunctions?	c. Do you require bonds or other security similar to courts when issuing temporary injunctions?: Always	c. Do you require bonds or other security similar to courts when issuing temporary injunctions?: Usually	c. Do you require bonds or other security similar to courts when issuing temporary injunctions?: Half the Time	c. Do you require bonds or other security similar to courts when issuing temporary injunctions?: Seldom	c. Do you require bonds or other security similar to courts when issuing temporary injunctions?: Never
d. Are you open to consider and order specific performance?	d. Are you open to consider and order specific performance?: Always	d. Are you open to consider and order specific performance?: Usually	d. Are you open to consider and order specific performance?: Half the Time	d. Are you open to consider and order specific performance?: Seldom	d. Are you open to consider and order specific performance?: Never
e. Would you consider making an award for unjust enrichment even if there is a contract between the parties and another available remedy at law?	e. Would you consider making an award for unjust enrichment even if there is a contract between the parties and another available remedy at law?: Always	e. Would you consider making an award for unjust enrichment even if there is a contract between the parties and another available remedy at law?: Usually	e. Would you consider making an award for unjust enrichment even if there is a contract between the parties and another available remedy at law?: Half the Time	e. Would you consider making an award for unjust enrichment even if there is a contract between the parties and another available remedy at law?: Seldom	e. Would you consider making an award for unjust enrichment even if there is a contract between the parties and another available remedy at law?: Never

27. In construction arbitrations in which you have served on a panel of three arbitrators, how often:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Do you find the input of the other 2 arbitrators to have had an impact on your view of entitlement or quantum?	a. Do you find the input of the other 2 arbitrators to have had an impact on your view of entitlement or quantum?: Always	a. Do you find the input of the other 2 arbitrators to have had an impact on your view of entitlement or quantum?: Usually	a. Do you find the input of the other 2 arbitrators to have had an impact on your view of entitlement or quantum?: Half the Time	a. Do you find the input of the other 2 arbitrators to have had an impact on your view of entitlement or quantum?: Seldom	a. Do you find the input of the other 2 arbitrators to have had an impact on your view of entitlement or quantum?: Never
b. Do you compromise on your view of entitlement and quantum based on the input of the other two panel members?	b. Do you compromise on your view of entitlement and quantum based on the input of the other two panel members?: Always	b. Do you compromise on your view of entitlement and quantum based on the input of the other two panel members?: Usually	b. Do you compromise on your view of entitlement and quantum based on the input of the other two panel members?: Half the Time	b. Do you compromise on your view of entitlement and quantum based on the input of the other two panel members?: Seldom	b. Do you compromise on your view of entitlement and quantum based on the input of the other two panel members?: Never
c. Do you think your award decision would have been the same if you had been a solo arbitrator?	c. Do you think your award decision would have been the same if you had been a solo arbitrator?: Always	c. Do you think your award decision would have been the same if you had been a solo arbitrator?: Usually	c. Do you think your award decision would have been the same if you had been a solo arbitrator?: Half the Time	c. Do you think your award decision would have been the same if you had been a solo arbitrator?: Seldom	c. Do you think your award decision would have been the same if you had been a solo arbitrator?: Never
d. Have you been part of a split decision among the panel?	d. Have you been part of a split decision among the panel?: Always	d. Have you been part of a split decision among the panel?: Usually	d. Have you been part of a split decision among the panel?: Half the Time	d. Have you been part of a split decision among the panel?: Seldom	d. Have you been part of a split decision among the panel?: Never

28. Without a "prevailing party" clause, how often do you award administrative fees and the expenses and compensation of the arbitrator:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. To be borne equally between the parties?	a. To be borne equally between the parties?: Always	a. To be borne equally between the parties?: Usually	a. To be borne equally between the parties?: Half the Time	a. To be borne equally between the parties?: Seldom	a. To be borne equally between the parties?: Never
b. To be borne more by one party than the other?	b. To be borne more by one party than the other?: Always	b. To be borne more by one party than the other?: Usually	b. To be borne more by one party than the other?: Half the Time	b. To be borne more by one party than the other?: Seldom	b. To be borne more by one party than the other?: Never
c. To be borne entirely by one party only?	c. To be borne entirely by one party only?: Always	c. To be borne entirely by one party only?: Usually	c. To be borne entirely by one party only?: Half the Time	c. To be borne entirely by one party only?: Seldom	c. To be borne entirely by one party only?: Never

29. For the purposes of awarding costs and fees pursuant to a "prevailing party" clause, how often:

Space Cell	Always	Usually	Half the Time	Seldom	Never
a. Do you consider the claimant to have prevailed if it is awarded any amount on it's claim?	a. Do you consider the claimant to have prevailed if it is awarded any amount on it's claim?: Always	a. Do you consider the claimant to have prevailed if it is awarded any amount on it's claim?: Usually	a. Do you consider the claimant to have prevailed if it is awarded any amount on it's claim?: Half the Time	a. Do you consider the claimant to have prevailed if it is awarded any amount on it's claim?: Seldom	a. Do you consider the claimant to have prevailed if it is awarded any amount on it's claim?: Never
b. In cases where there are claims and counter-claims, do you find that the party who is awarded the highest percentage of its claim, as opposed to the largest dollar amount, to be the prevailing party?	b. In cases where there are claims and counter-claims, do you find that the party who is awarded the highest percentage of its claim, as opposed to the largest dollar amount, to be the prevailing party?: Always	b. In cases where there are claims and counter-claims, do you find that the party who is awarded the highest percentage of its claim, as opposed to the largest dollar amount, to be the prevailing party?: Usually	b. In cases where there are claims and counter-claims, do you find that the party who is awarded the highest percentage of its claim, as opposed to the largest dollar amount, to be the prevailing party?: Half the Time	b. In cases where there are claims and counter-claims, do you find that the party who is awarded the highest percentage of its claim, as opposed to the largest dollar amount, to be the prevailing party?: Seldom	b. In cases where there are claims and counter-claims, do you find that the party who is awarded the highest percentage of its claim, as opposed to the largest dollar amount, to be the prevailing party?: Never
c. Do you consider how much the respondent's defenses decreased the amount of claimant's claims in determining which party prevailed?	c. Do you consider how much the respondent's defenses decreased the amount of claimant's claims in determining which party prevailed?: Always	c. Do you consider how much the respondent's defenses decreased the amount of claimant's claims in determining which party prevailed?: Usually	c. Do you consider how much the respondent's defenses decreased the amount of claimant's claims in determining which party prevailed?: Half the Time	c. Do you consider how much the respondent's defenses decreased the amount of claimant's claims in determining which party prevailed?: Seldom	c. Do you consider how much the respondent's defenses decreased the amount of claimant's claims in determining which party prevailed?: Never
d. Do you find that neither party was the "prevailing party"?	d. Do you find that neither party was the "prevailing party"?: Always	d. Do you find that neither party was the "prevailing party"?: Usually	d. Do you find that neither party was the "prevailing party"?: Half the Time	d. Do you find that neither party was the "prevailing party"?: Seldom	d. Do you find that neither party was the "prevailing party"?: Never