Arbitration GuidelinesGeneral Statement:These Guidelines are REBA Dispute Resolution's procedures for arbitration proceedings. They have been developed to assist parties in handling arbitrations in the most efficient and cost effective manner and shall govern the arbitrations conducted by REBA Dispute Resolution unless otherwise agreed by all parties. Where parties wish to amend or modify any of the guidelines, they may do so by a written agreement prior to the commencement of the hearing. Any such amendments or modifications shall be also subject to the approval of REBA Dispute Resolution and the selected Arbitrator. Definition of Process: Arbitration is a process in which a neutral renders a binding or non binding decision after hearing arguments and reviewing evidence. All arbitrations are binding unless the parties agree otherwise in writing before the beginning of the hearing. Initiation of Action: A request for arbitration is submitted by either independent or jointly executed case submission request provided to the parties by REBA Dispute Resolution. The submission request reflects the names, addresses and telephone numbers of all parties and their counsel, if represented, a brief summary of the nature of the claim, the dispute resolution process selected and the name/s of the Arbitrator's selected by the parties. The current administrative fee is due with the filing of the case submission request. Administrative Procedures: If cases involve unusual complexities, or extenuating circumstances, REBA Dispute Resolution will suggest a pre arbitration, administrative review conference to be attended by the administrator or a representative of the organization and a representative of each party to the action. At the conference several issues will be addressed including: the appointment and qualifications of the Arbitrator, the number of Arbitrators preferred, compensation matters, the exchange of information and discovery needs for discovery prior to the hearing, scheduling and time requirements, a summary of the issues and the damages claimed by each party, the filing of a joint memorandum of uncontested facts, identification and background of expert witnesses, if any, discussions relating to any potential conflicts between the Arbitrator and any parties and any special accommodations/facilities that may be needed. Arbitration Process: The hearing is conducted by the Arbitrator in an independent and impartial manner. The Arbitrator discloses any circumstances that might have developed that parties might perceive to affect his/her neutrality, and a substitute arbitrator is assigned with the agreement of the parties. The Arbitrator hears the controversy and makes a determination based upon the evidence submitted. The Arbitrator shall determine the relevancy and admissibility of the evidence, accept deposition testimony, require the submission of briefs and rule on motions. The Arbitrator may also establish additional, independent ground rules so long as the manner in which the hearing will be conducted allows for all parties to make a fair presentation of their positions and to present witnesses and permit cross examination. Length of Hearing: The usual hearing will last approximately three hours at which only parties to the hearings and their counsel may attend. Parties may elect an accelerated hearing permitting only oral testimony by party witnesses, and excluding the testimony of others. Attendance: Non party witnesses are excluded from the hearing except while testifying. The testimony of all parties and witnesses is sworn or affirmed. Confidentiality: All memoranda and other work product prepared by the Arbitrator is confidential and not subject to disclosure in any judicial, administrative or private proceeding involving any of the parties to any mediation to which these materials apply. Should any party violate this provision, the party shall indemnify the Arbitrator and REBA Dispute Resolution for all costs incurred. Discovery: REBA Dispute Resolution recognizes that certain cases require some discovery to insure a complete and fair process. The parties may take depositions and request documents be produced on an expedited basis and shall be subject to the same requirements and obligations as provided by the Massachusetts Rules of Court. Information Filing: At least ten days prior to the hearing, together with the pre hearing summary, each party will submit to the others, including REBA Dispute Resolution, a list of documents to be offered and witnesses to be presented at the time of the hearing. Any document or witness not so identified, may be excluded if the Arbitrator so determines. Case Default/Dismissal: If all parties have been properly notified of a hearing and all fail to appear, the Arbitrator may conduct the hearing if one or more parties are present and enter an award or grant a continuance, depending upon his/her judgment. The parties may move to dismiss a case without prejudice before final adjudication by filing a Stipulation of Dismissal signed by all parties. Adjournment: Once each party has been given an opportunity to present his case and offered proof of claims unless otherwise determined, the Arbitrator shall close the hearing and no further proof shall be accepted. Should the Arbitrator agree to allow for the submission of documentation or briefs after the close of the hearing, the same additional time shall be offered to each side for the submission of such documentation. Award: The Arbitrator's award is rendered within 14 days of the hearing, unless otherwise determined by the Arbitrator. The award, in writing, will include a clear, well reasoned assessment of the issues. The Arbitrator shall be guided by the principles of law in making his/her decision. The Arbitrator's award will bind the parties and is not subject to appeal or review by any judicial or administrative process (except as provided in Chapter 251, Sections 9, 12 and 13). A judgment may be entered for the enforcement of the award in a public court pursuant to the rules of the jurisdiction for enforcement of arbitration awards. |