RULE 124. VOLUNTARY BINDING ARBITRATION
- (a) Availability: The parties may move that any factual
issue in controversy be resolved through voluntary binding
arbitration. Such a motion may be made at any time after a case is
at issue and before trial. Upon the filing of such a motion, the
Chief Judge will assign the case to a Judge or Special Trial Judge
for disposition of the motion and supervision of any subsequent
arbitration.
- (b) Procedure:
- (1) Stipulation Required: The parties shall attach to any
motion filed under paragraph (a) a stipulation executed by each
party or counsel for each party. Such stipulation shall include the
matters specified in subparagraph (2).
- (2) Content of Stipulation: The stipulation required by
subparagraph (1) shall include the following:
- (A) a statement of the issues to be resolved by the
arbitrator;
- (B) an agreement by the parties to be bound by the findings
of the arbitrator in respect of the issues to be resolved;
- (C) the identity of the arbitrator or the procedure to be
used to select the arbitrator;
- (D) the manner in which payment of the arbitrator's
compensation and expenses, as well as any related fees and costs,
is to be allocated among the parties;
- (E) a prohibition against ex parte communication with the
arbitrator; and
- (F) such other matters as the parties deem to be
appropriate.
- (3) Order by Court: The arbitrator will be appointed by
order of the Court, which order may contain such directions to the
arbitrator and to the parties as the Judge or Special Trial Judge
considers to be appropriate.
- (4) Report by Parties: The parties shall promptly report to
the Court the findings made by the arbitrator and shall attach to
their report any written report or summary that the arbitrator may
have prepared.
- (5) Other Methods of Resolution: Nothing contained in
this Rule shall be construed to exclude use by the parties
of other forms of voluntary disposition of cases, including
mediation.
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