Expert meetings (Hot Tubbing) is the new face of litigation support. Learn how to best use the Hot Tub experience to settle your dispute.

1. Gerald R. (Jerry) Genge,
P.Eng., C.Eng., BDS, BSSO, C.Arb. Q.Med.
ArbiTECH ADR

2. 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
ArbiTECH ADR

3. What actually
happens?
ArbiTECH ADR

4. What actually
happens?
» Alphas gotta howl
 Assert dominance
ArbiTECH ADR

5. What actually
happens?
» Alphas gotta win
 Assert dominance
 Protect and argue their
position
ArbiTECH ADR

6. What actually
happens?
» Alphas gotta
build packs
 Assert dominance
 Protect their position
 Seek allies (at least superficially)
ArbiTECH ADR

7. What actually
happens?
» Alphas must attack
 Assert dominance
 Protect their position
 Seek allies
 Shoot down other positions
ArbiTECH ADR

8. What actually
happens?
» Alphas don’t want to
listen
 Assert dominance
 Protect their position
 Seek allies
 Shoot down other positions
 Ignore others’ perspective
ArbiTECH ADR

9. 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
ArbiTECH ADR

10. Why does hot
tubbing have
trouble
working?
» It’s a good idea
…but…
ArbiTECH ADR

11. You are SO
WRONG!!
» Anxiety of the Hot Tub
must be neutralized…
 Expert opinion can be
embarrassing to the expert
ArbiTECH ADR

12. Hot Tub
Facilitator
» Removing the threat…
 Introduce a Team “coach”
or “Facilitator” who is not a
competitor in the arena
ArbiTECH ADR

13. 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
ArbiTECH ADR

14. 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
ArbiTECH ADR

15. 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
ArbiTECH ADR

16. » Minimize external control
 Lawyers… must “buy in” to the
idea
Hot Tub (Peer)
Facilitation
I Love it!
ArbiTECH ADR

17. » 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!
ArbiTECH ADR

18. » Minimize face loss
 Situation must allow experts to
not worry about contrary
opinion
Hot Tub (Peer)
Facilitation
OMG, they
found me
out!
ArbiTECH ADR

19. » 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!
ArbiTECH ADR

20. » 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
ArbiTECH ADR

21. » Start earlier
 Why wait until the expert has
reported their findings?
Hot Tub (Peer)
Facilitation
ArbiTECH ADR

22. » 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
ArbiTECH ADR

23. » 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
ArbiTECH ADR

24. » But what of the rules?
 Lawyers, Engineers alike want to
follow rules
Hot Tub (Peer)
Facilitation
ArbiTECH ADR

25. » 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
ArbiTECH ADR

26. » 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
ArbiTECH ADR

27. » Preliminary Best
Practices?
1. Start early – before reports are
written
2. 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 meetings
6. Report actionable items to all
counsel and clients for approval
Hot Tub
Facilitation
ArbiTECH ADR

28. BUILDING CONSULTANTS INC.
Building Science Specialists
Contract Administrators
Reserve Fund Planners
Consulting Engineers
Arbitech ADR
Arbitration, Mediation,
Litigation Support for Engineering and
Construction Disputes
Hot Tub Facilitator
???