Harold D. Caplener
Arbitrator
Technology & IP Disputes

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© Copyright
HD Caplener
2002-2008


Administrative Services

The administrative services provided to the arbitrator and the parties are independent from the professional service provided by Mr. Caplener.  The administrative services provide an intermediate contact person between the parties and the arbitrator thereby preserving the arbitrator's independent and impartial role during the arbitration process. 

The administrator is familiar with both the Caplener Rules and the AAA Commercial Arbitration Rules.  In addition to conflicts checks by Mr. Caplener, the administrative services personnel perform their own conflicts check for each case.  As the case progresses towards resolution, Mr. Caplener and the administrative support personnel continue to monitor for actual and potential conflicts of interest.  The administrator will promptly notify each party to an arbitration should an actual or potential conflict be discovered by the arbitrator or administrative personnel.

The administrative services personnel perform the necessary support functions as each case progresses from filing to case closure.  Case filing fees and charges are used solely to compensate administrative personnel for their services and costs.  In no event are case filing fees and charges paid to the arbitrator.  Case filing fees and charges are not refundable.  For cases utilizing AAA Administrative services, AAA's schedule of fees and costs shall apply.

The administrative services personnel do not provide a list of alternative arbitrators.  Mr. Caplener is available to serve as a single arbitrator or as a member of a three person arbitration panel.  In the latter case, selection of additional arbitrators is left to the parties although administrative services personnel may administer the case if the parties so choose.

Specific Tasks

The administrative services personnel perform the following specific tasks:  
      1.  Case intake and receipt of pleadings, motion papers, briefs, fees/charges and arbitrators fees;
      2.  Service of notices to parties;
      3.  Communicate among parties and arbitrator to prevent ex parte communications with arbitrator;
      4.  Schedule preliminary telephone conferences, hearing dates, and other calendar events;
      5.  Closure of case upon issuance and service of arbitrator's award;
      6.  Such other tasks as the dispute resolution process may require.

Mr. Caplener and the administrative services personnel are committed to providing a fair, prompt, and impartial arbitration.