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Rules of Procedure for Arbitration
1. SCOPE
These rules, as in place at the time of proceeding, shall govern all arbitration
proceedings in ADR Options.
These rules may be modified or voided by agreement of all parties. This
agreement to arbitrate is an agreement for common law arbitration unless
the parties agree expressly in writing for arbitration pursuant to the
Pennsylvania Uniform Arbitration Act, a similar statute or other contractual
term(s).
Rulings on legal issues are based on the principles of law which would
be applicable if the case were heard in the appropriate court of public
jurisdiction. This may be changed by a written agreement of all parties
to the dispute.
2. FILING
All Documents filed with ADR Options are deemed to be filed on the date
they are received by ADR Options. The filing party shall send copies of
all documents filed with ADR Options, to all other parties to the proceeding,
within 24 hours of a filing.
3. REPRESENTATION
Any party to a proceeding under the ADR Options rules may be represented
by any attorney who is a member in good standing of the bar of any state
or federal court.
4. PROCEEDINGS
- Arbitrations are
binding and subject to limited appeal rights and offer the opportunity
to present evidence in a manner similar to a non-jury trial in the public
courts.
- The parties may
also agree to a High/Low Arbitration, a hearing whereby the parties
agree beforehand to limit the award within high and low parameters.
We strongly recommend this form of arbitration.The parties may
also agree to “Baseball” (final offer) arbitration, a hearing
in which the arbitrator selects either the last best demand or the last
best offer, without modification.
- The parties may
also agree to Uninsured Motorist (UM) arbitration or Underinsured Motorist
(UIM) arbitration, which shall be decided pursuant to the terms of the
insurance policy at issue and the law of the appropriate jurisdiction.
The parties shall agree to utilization of one of the following procedures:
1)
One ADR Options arbitrator, or
2) Three ADR Options arbitrators, or
3) Two arbitrators, one selected by the plaintiff and
one selected by the defendant, and one ADR Options neutral arbitrator.
Whenever
there is more than one arbitrator, all decisions of the arbitrators must
be made by a majority of the arbitrators, unless the policy of insurance
at issue provides otherwise. An ADR Options binding agreement must be
signed.
5. ARBITRATORS
The parties to a dispute agree on an arbitrator from the ADR Options panel
of arbitrators. The ADR Options panel of arbitrators shall include former
judges and experienced attorneys.
6. DISCOVERY
The parties shall have the right to take depositions and to obtain discovery
based on the discovery rules of the court where the case was previously
filed, or if no case is pending, then discovery shall be governed by the
State Rules of Civil Procedure of the appropriate court of public jurisdiction.
Notwithstanding the above, the scope and time for discovery may be modified
by agreement of the parties and the ADR Options arbitrator. Prior rulings
of a court from which a case is transferred to ADR are, of course, the
law of the case unless otherwise agreed. The arbitrator may review any
prior court ruling, to the extent the trial judge could review his or
her prior rulings. All ADR proceedings are, however subject to the arbitrator’s
discretion within the meaning of due process. See 42 Pa.C.S.A §7341.
The parties agree that the ADR Options arbitrator may decide any discovery
disputes not resolvable by this rule.
7. PRE-HEARING PROCEEDINGS
This proceeding may be scheduled to handle such matters as:
8. AUTHORITY
OF ARBITRATOR
The selected arbitrator shall have the following powers:
1)
to examine any object or site relevant to the case
2) to make rulings on any matter or motion submitted
3) to administer oaths and affirmations to witnesses
4) to allow testimony to be offered by deposition
5) to rule on the admissibility of evidence
6) to allow evidence to be introduced, as discussed below
9. EVIDENCE
Rules of Evidence of the appropriate court of public jurisdiction shall
apply unless otherwise agreed to by the parties. If the case is not in suit
the appropriate State Rules of Evidence will apply.
Seven calendar days prior to an arbitration; each party must send to all
other parties a list of documents to be submitted and witnesses to be presented
at the arbitration, and copies of all documents not previously provided
to all parties, except for witnesses, documents or evidence intended exclusively
for rebuttal or impeachment.
Any document not sent in accordance with Rules 2 and 9 or any witnesses
not so identified, may be excluded at the time of arbitration, at the sole
discretion of the ADR Options arbitrator. Any party may subpoena any witness
who offers testimony through deposition, document or records, provided the
subpoena is filed with ADR Options and all parties prior to arbitration.
Any adverse party may cross-examine those witnesses.
If notice has been given as stipulated in Rule 9, a party may offer into
evidence without further proof, provided no other attorney or party objects,
the following:
1)
bills, records and reports of licensed health care providers.
2) bills or written estimates of value, damage, cost
of repair or property loss.
3) reports on earnings and lost time prepared by an
employer.
4) verified reports, statements, affidavits or declarations
by any witness, expert or lay, whose testimony would otherwise be admissible.
Any
issue as to admissibility shall be decided by the ADR Options arbitrator.
10. SUBSTANTIVE
LAW
The law of the case shall be the substantive law of the jurisdiction where
the case was filed or as defined by a choice of law provision in a relevant
contract. If no case was filed, Pennsylvania law will apply, unless counsel
agrees on a different substantive law. See Rule 4c for uninsured/underinsured
motorist law. In the event of a dispute as to the applicability of substantive
law, all parties shall submit briefs to the ADR Options arbitrator, who
shall decide the appropriate law of the case.
11. DISMISSAL
Any action commenced before ADR Options may be dismissed before the arbitration
by filing a Stipulation of Dismissal signed by all parties. Unless otherwise
stated, the Dismissal is Without Prejudice.
12. DEFAULT
AWARDS / CONTINUANCES
If a matter is scheduled for an arbitration and the plaintiff appears
but the defendant does not, the ADR Options arbitrator may hear the case
and, based on the evidence presented, enter an award.
If the defendant appears but the plaintiff does not, the ADR Options arbitrator
may enter an award in favor of the defendant.
The ADR Options arbitrator shall grant continuances to any party upon
good cause shown by the requesting party.
13. FINDINGS
All arbitration findings shall be in writing and signed by the ADR Options
arbitrator issuing the finding. The decision is final and binding and
judgment may be entered in the public court of appropriate jurisdiction.
The award may be monetary, injunctive or declaratory provided it was within
the scope of the agreement made by the parties. In most cases, the award
will be provided within 10 business days of the conclusion of the arbitration
and sent by mail.
Subject to relevant substantive legal principles, no monetary award shall
be imposed for delay damages or pre-judgment interest, unless all parties
agree, in advance and in writing, that the prevailing party would be entitled
to such an award.
14. FEES
AND COSTS
ADR Options will periodically publish a Fee Schedule setting forth all
fees. The expense of witnesses, cost of proofs and the costs of a stenographic
record, if any, shall be borne by the party requesting such services,
and shall be paid directly to the provider of such services.
Print Rules (pdf, requires Acrobat Reader)
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