9046-1. CONDUCT AT BDRP

9046-1. Conduct of the BDRP Conference.

The BDRP conference shall proceed informally. Rules of evidence shall not apply. There shall be no formal examination or cross-examination of witnesses. Where necessary, the Resolution Advocate may conduct continued BDRP conferences after the initial session. As appropriate, the Resolution Advocate may:

(a) Permit each party, through counsel or otherwise, to make an oral presentation of its position;

(b) Help the parties identify areas of agreement and, where feasible, formulate stipulations;

(c) Assess the relative strengths and weaknesses of the parties’ contentions and evidence, and explain as carefully as possible the reasoning of the Resolution Advocate that supports these assessments;

(d) Assist the parties in settling the dispute;

(e) Estimate, where feasible, the likelihood of liability and the dollar range of damages;

(f) Help the parties devise a plan for sharing the important information and/or conducting the key discovery that will equip them as expeditiously as possible to participate in meaningful settlement discussions or to posture the case for disposition by other means; and

(g) Determine whether some form of follow-up to the conference would contribute to the case development process or to settlement.


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