In order for us to conduct shorter, more focused hearings, we have taken steps to ensure parties exchange and file all relevant documents before a hearing begins. Nothing gets a hearing off to a worse start than a series of motions from counsel asking for production of documents from opposing parties. Not only do these motions poison the atmosphere, the documents produced at this late time cannot be considered by parties or the Tribunal in any meaningful way. We have therefore informed parties that, except in exceptional cases, we will not accept the filing of previously undisclosed documents once the hearing begins. This has generated some spirited debates but we have tried to hold firm in order to avoid the unfairness to the Tribunal and opposing parties which is created when documents are produced at the last minute.
Some new approaches take some time to de-bug.
For example, in order to facilitate the orderly exchange of information and documentation before a hearing, we developed a process that permits parties to pose questions to, and request information from, opposing parties. This was done to avoid a lot of tension at the beginning of the hearings as counsel tried to obtain information from opposing counsel. This has been an iterative process. Initially we encouraged the parties to circulate these requests amongst themselves well before the hearing, and to come to the Tribunal only if there was a problem. Human nature being what it is, this process became a strategic instrument well-suited to distracting the other side from the preparation of their case.