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Arbitration Rules of Procedure

JUDICATE WEST ARBITRATION RULES OF PROCEDURE

1) Hearing Rules: 
   
    a) Parties to a Judicate West (JW) proceeding are encouraged to fashion their own hearing rules, tailored to the unique needs of their individual cases.  They may rely on  rules such as those set forth in California Rules of Court, generally Rule 1613, California Code of Civil Procedure, section 1280, et seq., The American Arbitration Association’s various Rules of Procedure (R of P) or any variant thereof.

     b) Should the hearing rules devised by and agreed to by the parties fail to address any issue which arises in the pre-hearing, hearing, or post-hearing phase of the proceeding, the parties agree to submit that dispute to the Neutral, who will decide and determine the matter according to general principles of law and equity.  This includes but is not limited to discovery, continuances, motions, fees, and evidentiary rules (offer and admissibility).

     c) The only constraints imposed upon the parties in establishing their own hearing rules are those associated with fundamental notions of procedural due process, or mandatory provisions of applicable law.

2) Fees:   JW’s agreement to render services is with the attorney or representative (of any person or entity) who will attend the hearing. Unless otherwise agreed upon and reported to JW, at least 7 days prior to the hearing, each party is responsible for his or her pro-rata share of the costs incurred in administering and conducting all phases of the JW hearing process.

3) Filings:  All papers are considered filed with JW upon receipt and notification that all other parties have been served.

4) Initiating the JW Hearing can be done by stipulation of the parties, oral or written arbitration agreement (only written is enforceable), or by contract where JW is an acceptable administrative body.  This process may be initiated by one party serving all parties with notice of the nature of the dispute and demand for alternative dispute resolution, and by filing a copy of this notice along with the relevant portion of the contract with JW.  A response must be filed with JW and served on the opposition within 30 days or it will be considered a denial; the hearing will go forward with an assigned Neutral pursuant to the contract.

5) Ex Parte−or direct communication with an arbitrator−may result in disqualification of certain information as it pertains to the hearing; or at the request of the other parties, the arbitrator may recuse him/herself.  All communication should be directed to JW for appropriate transmittal to the arbitrator.

6) Case management meetings and pre-conference hearings can be set at the request of the parties by mutual consent or ordered by the Neutral.  The purpose is to expedite complex cases by stipulating to uncontested facts, discussing hearing rules, exchanging information, etc., and often to explore settlement possibilities.

7) Disclosure for a nominated arbitrator will be sent to each law firm by the arbitrator within 10 days of him/her being notified that he/she has been selected for a case.  If the law firm does not respond within the allotted time or within 15 days of receiving disclosure, their rights to disqualify an arbitrator under CCP’s 1281.9, 1282 (e), and 1297.125 are deemed waived.

8) Default: In the absence of a party or representative who fails to appear after confirming participation and without obtaining a continuance, the arbitrator, at his/her discretion, may take evidence necessary to render an award.

9) Cancellation/Continuance:  Cases cannot be continued unilaterally. If any party objects, a written request must be filed with the Neutral.  A conference call with the Neutral will be utilized for oral argument if necessary and/or due to time constraints.  Any cancellation/continuance fees must be agreed to with JW in accordance with its policies outlined on its fee schedule or it will be up to the Neutral to make a ruling.

10) Award:  A written decision will be forwarded to all parties within 30 days following the  closing of record (determined by the Neutral), provided all requisite fees have been paid by all parties.  JW retains the right to withhold a decision from all parties until all fees have been paid in full.

11) Court filings of decisions, stipulations and any related documents remain the responsibility of the parties.

12) Stenographic reports are the responsibility of the parties.  Arrangements should be made by the requesting party after notifying all other parties 7 days prior to the hearing.

13) Waiver and Interpretation of Rules:  Participation in a JW hearing with knowledge that a requirement or provision of the agreed R of P has not been complied with, without submitting written objection, will result in a waiver of one’s right to object.  JW will interpret any rules prior to selection of an agreed Neutral and those unrelated to the Neutral powers or duties.

14) Hold Harmless: The parties agree to and will indemnify JW, its officers, employees, representatives, insurers, independent contractors and Neutrals for any acts of omission or commission with regard to the hearing or its outcome.
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JUDICATE WEST ARBITRATION RULES OF PROCEDURE

1) Hearing Rules: 
   
    a) Parties to a Judicate West (JW) proceeding are encouraged to fashion their own hearing rules, tailored to the unique needs of their individual cases.  They may rely on  rules such as those set forth in California Rules of Court, generally Rule 1613, California Code of Civil Procedure, section 1280, et seq., The American Arbitration Association’s various Rules of Procedure (R of P) or any variant thereof.

     b) Should the hearing rules devised by and agreed to by the parties fail to address any issue which arises in the pre-hearing, hearing, or post-hearing phase of the proceeding, the parties agree to submit that dispute to the Neutral, who will decide and determine the matter according to general principles of law and equity.  This includes but is not limited to discovery, continuances, motions, fees, and evidentiary rules (offer and admissibility).

     c) The only constraints imposed upon the parties in establishing their own hearing rules are those associated with fundamental notions of procedural due process, or mandatory provisions of applicable law.

2) Fees:   JW’s agreement to render services is with the attorney or representative (of any person or entity) who will attend the hearing. Unless otherwise agreed upon and reported to JW, at least 7 days prior to the hearing, each party is responsible for his or her pro-rata share of the costs incurred in administering and conducting all phases of the JW hearing process.

3) Filings:  All papers are considered filed with JW upon receipt and notification that all other parties have been served.

4) Initiating the JW Hearing can be done by stipulation of the parties, oral or written arbitration agreement (only written is enforceable), or by contract where JW is an acceptable administrative body.  This process may be initiated by one party serving all parties with notice of the nature of the dispute and demand for alternative dispute resolution, and by filing a copy of this notice along with the relevant portion of the contract with JW.  A response must be filed with JW and served on the opposition within 30 days or it will be considered a denial; the hearing will go forward with an assigned Neutral pursuant to the contract.

5) Ex Parte−or direct communication with an arbitrator−may result in disqualification of certain information as it pertains to the hearing; or at the request of the other parties, the arbitrator may recuse him/herself.  All communication should be directed to JW for appropriate transmittal to the arbitrator.

6) Case management meetings and pre-conference hearings can be set at the request of the parties by mutual consent or ordered by the Neutral.  The purpose is to expedite complex cases by stipulating to uncontested facts, discussing hearing rules, exchanging information, etc., and often to explore settlement possibilities.

7) Disclosure for a nominated arbitrator will be sent to each law firm by the arbitrator within 10 days of him/her being notified that he/she has been selected for a case.  If the law firm does not respond within the allotted time or within 15 days of receiving disclosure, their rights to disqualify an arbitrator under CCP’s 1281.9, 1282 (e), and 1297.125 are deemed waived.

8) Default: In the absence of a party or representative who fails to appear after confirming participation and without obtaining a continuance, the arbitrator, at his/her discretion, may take evidence necessary to render an award.

9) Cancellation/Continuance:  Cases cannot be continued unilaterally. If any party objects, a written request must be filed with the Neutral.  A conference call with the Neutral will be utilized for oral argument if necessary and/or due to time constraints.  Any cancellation/continuance fees must be agreed to with JW in accordance with its policies outlined on its fee schedule or it will be up to the Neutral to make a ruling.

10) Award:  A written decision will be forwarded to all parties within 30 days following the  closing of record (determined by the Neutral), provided all requisite fees have been paid by all parties.  JW retains the right to withhold a decision from all parties until all fees have been paid in full.

11) Court filings of decisions, stipulations and any related documents remain the responsibility of the parties.

12) Stenographic reports are the responsibility of the parties.  Arrangements should be made by the requesting party after notifying all other parties 7 days prior to the hearing.

13) Waiver and Interpretation of Rules:  Participation in a JW hearing with knowledge that a requirement or provision of the agreed R of P has not been complied with, without submitting written objection, will result in a waiver of one’s right to object.  JW will interpret any rules prior to selection of an agreed Neutral and those unrelated to the Neutral powers or duties.

14) Hold Harmless: The parties agree to and will indemnify JW, its officers, employees, representatives, insurers, independent contractors and Neutrals for any acts of omission or commission with regard to the hearing or its outcome.