everyone into the hot tub
TRANSCRIPT
Everyone into the “Hot Tub”
Gerald R. (Jerry) Genge, P.Eng., C.Eng., BDS, BSSO, C.Arb. Q.Med.
ArbiTECH ADR
What is Hot-Tubbing?
» Premise Mutual examination of other
expert’s to understand their position
Common or at least consensus agreement on technical points
Abbreviate the time to resolution through “understanding” and “appreciation” of viewpoints
ArbiTECH ADR
What actually happens?
ArbiTECH ADR
What actually happens?
» Alphas gotta win Assert dominance Protect and argue their
position
ArbiTECH ADR
What actually happens?
» Alphas gotta build packs Assert dominance Protect their position Seek allies (at least superficially)
ArbiTECH ADR
What actually happens?
» Alphas must attack Assert dominance Protect their position Seek allies Shoot down other positions
ArbiTECH ADR
What actually happens?
» Alphas don’t want to listen Assert dominance Protect their position Seek allies Shoot down other positions Ignore others’ perspective
ArbiTECH ADR
What actually happens?
» Alphas can be trouble Assert dominance Protect their position Seek allies Shoot down other positions Ignore others’ perspective
Frustrate the intended outcome
ArbiTECH ADR
You are SO WRONG!!
» Anxiety of the Hot Tub must be neutralized… Expert opinion can be
embarrassing to the expert
ArbiTECH ADR
Hot Tub Facilitator
» Removing the threat… Introduce a Team “coach”
or “Facilitator” who is not a competitor in the arena
ArbiTECH ADR
Hot Tub (Peer) Facilitation
» Removing the threat… Introduce a Team “coach” or
“Facilitator” who is not a competitor in the arena
And …who is not dominant themselves
ArbiTECH ADR
Hot Tub (Peer) Facilitation
» Removing the threat… Introduce a Team “coach” or
“Facilitator” who is not a competitor in the arena
And ….who is not dominant themselves
And …. has the approval of the experts at the table
ArbiTECH ADR
Hot Tub (Peer) Facilitation
» Removing the threat… Introduce a Team “coach” or
“Facilitator” who is not a competitor in the arena
And ….who is not dominant themselves
And …. has the approval of the experts at the table
And … has facilitation experience
ArbiTECH ADR
» Minimize external control
Lawyers… must “buy in” to the idea
Hot Tub (Peer) Facilitation
I Love it!
ArbiTECH ADR
» Minimize external control Lawyers… must “buy in” to the
idea ….There has been varying
degrees of “buy in”
Hot Tub (Peer) Facilitation
I’m losing
Control!
ArbiTECH ADR
» Minimize face loss Situation must allow experts to
not worry about contrary opinion
Hot Tub (Peer) Facilitation
OMG, they found me
out!
ArbiTECH ADR
» Minimize face loss Situation must allow experts to
not worry about contrary opinion And… should be able to change
an opinion without anxiety
Hot Tub (Peer) Facilitation
I’ll never work again!
ArbiTECH ADR
» Minimize face loss Situation must allow experts to
not worry about contrary opinion And… should be able to change
an opinion without anxiety Reduce the heavy emotional
“investment” in their opinion
Hot Tub (Peer) Facilitation
ArbiTECH ADR
» Start earlier Why wait until the expert has
reported their findings?
Hot Tub (Peer) Facilitation
ArbiTECH ADR
» Start earlier Why wait until the expert has
reported their findings? Why allow reports to mount up
with possibly conflicting opinion with varying approaches?
Hot Tub (Peer) Facilitation
ArbiTECH ADR
» Start earlier Why wait until the expert has
reported their findings? Why allow reports to mount up
with possibly conflicting opinion with varying approaches?
…too say nothing about the heavy financial investment in all the responding reports
Hot Tub (Peer) Facilitation
ArbiTECH ADR
» But what of the rules? Lawyers, Engineers alike want to
follow rules
Hot Tub (Peer) Facilitation
ArbiTECH ADR
» But what of the rules? Lawyers, Engineers alike want to
follow rules But we don’t have a rule book
yet…..
Hot Tub (Peer) Facilitation
ArbiTECH ADR
» But what of the rules? Lawyers, Engineers alike want to
follow rules But we don’t have a rule book
yet….. So we need to write some
procedures or at least some “best practices” for Hot Tubbing….
Hot Tub Facilitation Rules
ArbiTECH ADR
» Preliminary Best Practices?1. Start early – before reports are
written2. Allow experts to speak openly
and to question other experts in a non-combative way
3. Decide on assessment parameters and criteria
4. Look for ways to collaborate on investigations and share findings
5. Have progress meetings6. Report actionable items to all
counsel and clients for approval
Hot Tub Facilitation
ArbiTECH ADR