| 1. |
Application
of Rules |
| |
The following rules
shall govern all mediations, arbitrations
and related procedures, administered by "Case
Closed, Babik Dispute Resolution Services"
(herein referred to as "Case Closed"). |
| |
| 2. |
Amendment
of Rules |
| |
The parties involved
in an ADR procedure are free to amend these
rules, in writing, within the limits of the
laws of the jurisdiction. |
| |
| 3. |
Case Submission |
| |
A case may be submitted
to "Case Closed" either by mail, fax, phone,
or in person. A case submission may be made
unilaterally or jointly. There is no requirement
that a neutral be selected at the point of
submission and "Case Closed" may be asked
to aid in the process of selecting a neutral.
In the event that a case submission is made
unilaterally, no arbitrator or mediator shall
be appointed without agreement of the parties,
or their agents, unless the parties jointly
direct "Case Closed" to make such an appointment.
No ADR procedure will be scheduled without
approval by the parties involved, or their
agents, as to date, time and location. |
| |
| 4. |
Interpreters |
| |
Any party wishing
the assistance of an interpreter may arrange
for such services directly and will bear all
costs of such. Costs of an interpreter may
be equally divided by the parties by mutual
agreement or by order of an arbitrator. |
| |
| 5. |
Procedures
for Arbitration |
| |
a. |
Pre-hearing Conference/Conference
Call |
| |
|
By mutual request of the parties, Case
Closed may arrange for a "pre-hearing conference"
or "conference call" with the Arbitrator and
the parties or their representatives to discuss
any matters relating to the arbitration. Such
matters may include, but are not limited to,
scope of the award; stipulations; scheduling
of site visits; lists of witnesses and discovery
issues. |
| |
| |
b. |
Discovery; Arbitrator's Powers |
| |
|
(1) An arbitrator may cause
to be issued subpoenas for the attendance
of witnesses and for the production of books,
records, documents and other evidence. |
| |
|
|
| |
|
(2) An arbitrator shall
have the power to administer oaths. |
| |
|
|
| |
|
(3) On application of a party
and for use as evidence, the arbitrator may
permit a deposition to be taken of a witness
who can not be subpoenaed or is unable to
attend the hearing. The arbitrator shall decide
on the manner and upon the terms of such deposition.
|
| |
| |
c. |
Hearing |
| |
|
Unless otherwise modified
by written agreement of the parties:
(1) The arbitrator shall have full authority
to decide all procedural and substantive issues
that may arise in an arbitration proceeding.
(2) All parties to the arbitration shall have
the right to be represented by an attorney
at the hearing.
(3) The parties to arbitration shall have
the right to be heard, to present evidence,
material to the controversy and to cross examine
witnesses appearing at the hearing.
|
| |
| |
d. |
Arbitration Award |
| |
|
(1) The arbitrator's award
shall be in writing and signed by the arbitrator.
(2) Case Closed will make all reasonable efforts
to ensure that the award shall be issued in
a timely manner. As a general rule, arbitration
awards are issued within ten business days
of the hearing, absent unusual circumstances.
(3) Arbitration awards may be delivered by
certified mail, regular mail, or facsimile.
Absent a request by one of the parties, a
facsimile transmission will be deemed an acceptable
form of delivery. |
| |
| |
e. |
Clarification of an Award |
| |
|
(1) A request may be made
for clarification of an arbitration award
by either party within ten business days of
the issuance of such award.
(2) A party requesting a clarification shall
bear any costs associated with such and shall
notify the opposing side of the request.
(3) The issuance of a written clarification
is at the sole discretion of the arbitrator.
|
| |
| |
f. |
Correction/ Modification of an Award |
| |
|
(1) A request may be made
by either party for a modification or correction
of an award within thirty days of delivery
of such award, based on the following situations:
(a) There was an evident miscalculation
of figures on the award itself or an evident
mistake in the description of a person,
thing, or property referred to in the award,
or
(b) The arbitrator has ruled on a matter
outside the scope of the arbitration and
the award may be modified without affecting
the merits of the decision upon the issues
submitted, or
(c) The form of the written award is incorrect
and can be corrected without affecting the
merits of the ruling in any way. |
| |
|
(2) The granting of a request
for modification or correction, that is opposed
by a party to arbitration, shall be at the
sole discretion of the arbitrator. |
| |
| |
g. |
Vacation of an Award |
| |
|
Any efforts to change or
vacate an arbitration award, other than those
outlined in "Case Closed" rules 5 (e and f),
shall be governed by
ALM GL Ch. 251, §12, §18. |
| |
| 6. |
Procedures
for Arbitration |
| |
a. |
Mediation is a process that
allows parties to reach an agreement to resolve
a dispute that is mutually agreed upon, therefore,
the mediator has no authority to decide the
merits of a controversy. |
| |
|
|
| |
b. |
Mediation is a non-binding
process that will only be binding on the parties
if a written settlement agreement is reached.
|
| |
|
|
| |
c. |
In a mediation
process, all sides present their positions
in a joint session with the mediator. Following
the joint session, the mediator will separate
the parties and meet with them in a series
of private sessions, designed to assist in
exploring avenues for resolution. |
| |
|
|
| |
d. |
All discussions
in the mediation session will be considered
settlement negotiations and all communications
made in connection with the mediation process
are confidential and are not subject to disclosure
in subsequent legal proceedings. |
| |
|
|
| |
e. |
No party to the
mediation may cause a summons to be issued
to anyone to disclose what was said or done
in the mediation. Any party to a mediation
that causes a summons to issue to the mediator,
or any officer or employee of Case Closed
Babik Dispute Resolution Services shall be
liable and shall be held to indemnify said
persons for their attorney's fees and other
expenses in connection with said summons,
including but not limited to, proceedings
to quash any summons. |
| |
|
|
| |
f. |
No party to the
mediation may summons records of what was
said or done in mediation. |
| |
| 7. |
Expenses
|
| |
a. |
Each party to an ADR procedure
shall be responsible for any fees and expenses
due to Case Closed, according to the applicable
fee schedule in effect at the time that a
procedure is first scheduled.
|
| |
b. |
Any additional expenses incurred
for the services of stenographers, interpreters,
or video equipment/services shall be paid
by the party requesting such services, unless
otherwise mutually agreed by the parties,
or so ordered by an appointed arbitrator.
|
