ADA
local civil rule 6

CIVIL RULE 6: JUDICIAL ARBITRATION

A. ASSIGNMENT OF ARBITRATOR

Provided that all parties have answered and filed a Case Management Statement, within 15 days of receiving a court-approved order to judicial arbitration, the court’s arbitration administrator will send each party a list of names of arbitrators from the Court’s judicial arbitrator list. Each party has 10 days to strike one name from the list and return it to the Court’s arbitration administrator. Within 30 days, the court’s arbitration administrator will appoint at random one of the remaining arbitrators. If the appointed arbitrator is not immediately available, the case will be assigned as soon as the appointed arbitrator becomes available. The appointed arbitrator will contact counsel and each self represented party to set a date and time for the arbitration hearing.

B. PLEADINGS SUBMITTED TO ARBITRATOR

At least five court days prior to the scheduled arbitration hearing, each party must lodge with the arbitrator a copy of his or her latest pleadings.

(Eff. 7/01/02)

C. LENGTH OF ARBITRATION HEARINGS

Hearings must not exceed three hours, or in the arbitrator's discretion, upon good cause shown, a maximum of five hours except as otherwise provided herein. If any party believes that the hearing will require more than five hours ("lengthy hearing"), that party may obtain permission for such lengthy hearing by either:

(1) Filing at least five court days before the hearing a written stipulation among the parties and the arbitrator for a lengthy hearing and providing for payment by the parties of a reasonable rate of compensation for the arbitrator for each hour of hearing in excess of five hours; or

(2) Obtaining a Court order by written application showing good cause for a lengthy hearing made to the Court at or before the time when the matter is referred to arbitration.

(Eff. 7/01/02)

D. FILING OF AWARD

The arbitrator must file the award with the Court within 10 days of the completion of the arbitration hearing. If the arbitrator cannot file the award within that time frame, the arbitrator may request an extension from the case management judge.

E. FAILURE TO ARBITRATE

If the arbitration is not held within 90 days after the assignment of the arbitrator, counsel and each self represented party must appear at the ADR Status Conference. The case management judge may re-order the case to arbitration or vacate the order to arbitration and set the case for trial.

(Eff. 7/01/02)

 


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