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Campbell v. Maestro3/24/2000
actics, changes in litigation tactics or strategy after seeking trial de novo in district court are also relevant. For example, failure to depose, interview or investigate witnesses or to develop other evidence during arbitration proceedings may be relevant where no restrictions on such preparation have been imposed by the arbitrator. A complete change of approach in subsequent district court proceedings under such circumstances could be evidence of abuse of the arbitration process. Had findings along these lines been offered for review, we would not have hesitated to affirm the order striking the request for trial de novo. While we question the wisdom of the handling of the matter by NGI, and while some of the tactics it used are evidence of bad faith, the record below does not justify the complete elimination of the right to proceed to trial.
Accordingly, we hereby reverse the district court's order striking the request for trial de novo and remand this matter to the district court for further proceedings consistent with this opinion.
SHEARING and BECKER, JJ., concur.
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