Med-Arbitration Rules

USADR Med-Arbitration Rules

   Rule MA-1.  Purpose of Med-Arbitration Proceedings
   Rule MA-2.  Non-use of Legal Proceedings
   Rule MA-3.  Limitation of Liability
   Rule MA-4.  Interpretations of Rules and Enforcement
   Rule MA-5.  Selection of the Med-Arbitrator
   Rule MA-6.  Ex-Parte Communications Prohibited
   Rule MA-7.  Representation by Counsel
   Rule MA-8.  Fees
   Rule MA-9.  Mediation Goal Statements
   Rule MA-10.  Contiguous Scheduling for Med-Arbitration
   Rule MA-11.  Record of Proceedings
   Rule MA-12.  Med-Arbitrator Disclosures
   Rule MA-13.  Med-Arbitrator Oath
   Rule MA-14.  Distribution of Mediation Goal Statements
   Rule MA-15.  Conduct of Session
   Rule MA-16.  Attendance at Hearings
   Rule MA-17.  Adjournments
   Rule MA-18.  Reopening of Hearings
   Rule MA-19.  Awards

USADR Med-Arbitration Rules

Med-Arbitration is a form of dispute resolution that combines the self-determination of mediation with the finality of arbitration.  In the initial stage of a Med-Arbitration proceeding, the parties attempt to reach a voluntary settlement with the assistance of a single, neutral Med-Arbitrator.  If a settlement is not reached, the parties are given a full and fair hearing by the same Med-Arbitrator in which to present their respective cases.  After considering the evidence and testimony presented, the Med-Arbitrator shall render a written decision which is binding on the parties.

No party shall, during the Med-Arbitration proceedings of any matter, prosecute or commence any suit, action, or proceeding against any other party touching upon any of the matters referred to in the Med-Arbitration proceeding pursuant to these Rules.

USADR, its agents and any Med-Arbitrator assigned to the matter under these Rules shall not be liable for any act or omission in connection with a Med-Arbitration administered pursuant to these Rules.

(a) The Med-Arbitrator shall be empowered to interpret and determine the applicability of all provisions under these Rules and conduct the Med-Arbitration according to such determination.

(b) Awards shall be final and binding upon the parties.

(c) The Med-Arbitrator shall follow any applicable substantive law presented by the parties and may grant any legal or equitable remedy or relief in the subsequent award. 

(d)  Where not in conflict with the Med-Arbitration Rules, USADR Arbitration Rules and Mediation Rules may be used as guidance to the Med-Arbitration, but are not binding.

(a) The Med-Arbitrator may be selected by any of the following:

(1)  The stipulation of the parties selecting a Med-Arbitrator from USADR’s Panel.

(2)  The parties’ indication of first and second choice from a list of three proposed Med-Arbitrators provided by USADR.  

(3) USADR may appoint the Med-Arbitrator if the parties do not act to select a Med-Arbitrator after submitting a matter to Med-Arbitration.

(b) Only one Med-Arbitrator is to be used in a proceeding at one time.

Parties and their representatives shall not communicate with the Med-Arbitrator privately during the pendency of the case.  All communication with the Med-Arbitrator must occur within the presence of all parties or their representatives.

All parties shall have the right to representation by counsel at any stage of the proceedings.  Newly retained counsel shall file an entry of appearance with USADR and all parties within three business days of being retained, but not less than three business days prior to a scheduled preliminary conference or hearing. 

The arbitrator may, in his/her sole discretion, assign all associated costs of rescheduling a preliminary conference or hearing resulting from untimely entry of appearance to the party(s) retaining such counsel.

(a)  The Fee Schedule appears in a supplement to these Rules.  The Fee Agreement Terms and Conditions are incorporated into the Fee Schedule upon filing the Submission Agreement or Response with USADR.

 (b)  If fees have not been paid in full according to the Fee Agreement Terms and Conditions, USADR may so inform the parties in order that one of them may advance the required payment. If such payments are not made, the Med-Arbitrator (or USADR, if the Med-Arbitrator has not yet been appointed) may order the suspension or termination of the proceedings.  

(c)  The fees described above do not cover the rental of conference/hearing rooms, which are available on a rental basis. Check with USADR for availability and rates.

Any mediation goal statements must be presented simultaneously to the mediator and the other parties in Med-Arbitration proceedings.  As communications made in the course of settlement negotiations, these statements are to be held confidential to any person or entity outside the Med-Arbitration and are not to be published or used as evidence in proceedings outside of the Med-Arbitration proceeding at hand.   

The Mediation session shall be immediately followed by the Arbitration hearing as a contiguous, uninterrupted process unless unanimously agreed otherwise by the parties.

A verbatim record of the Med-Arbitration proceedings shall not be kept.

Within 3 business days of appointment to the case, the Med-Arbitrator shall make disclosures of any actual, apparent or likely conflicts of interest or bias that the Med-Arbitrator may have. USADR will then make the disclosures known to the parties to decide, within 3 days of receipt, whether the arbitrator is acceptable to them and if not, USADR will appoint another Med-Arbitrator to hear the case. The Med-Arbitrator has the continuing duty to disclose.

At the commencement of proceedings (pre-hearing conference or Med-Arbitration session) the Med-Arbitrator shall acknowledge if he/she has taken the Oath of Arbitrators administered by USADR.

The Med-Arbitrator shall ensure that all parties have received a copy of any mediation goal statements received by the Med-Arbitrator.  This procedure is to help ensure that there are no ex-parte communications between the Med-Arbitrator and a party or party’s representative.

(a) The initial step in Med-Arbitration is a mediation session in which all parties and the Med-Arbitrator are present together.  No ex-parte (private) sessions with the Med-Arbitrator shall be held.  If the parties are able to reach a voluntary settlement of their dispute during the mediation, the terms and conditions of the settlement shall be reduced to writing by the Med-Arbitrator in the form of an award, signed by the arbitrator and delivered to the parties either immediately or within 10 days of the Med-Arbitration session.  The proceedings shall then be closed.

(b) Lack of settlement in mediation shall trigger the commencement of arbitration hearing in which the parties are given a full and fair hearing by the Med-Arbitrator.

                        (1) Opening statements will begin with the claimant(s) proceeding first, followed by the respondents.  Rebuttal is not permitted.  

                        (2)  Presentation of the claimant’s case will be followed by the respondent’s presentation.  This practice may be varied to allow for each witness to be examined in one contiguous stretch, with time for breaks allowed, so that such witness would not have to be recalled for presentation in another party’s case. 

                        (3) Closing arguments will be first presented by the claimant(s), followed by the respondent(s).  Rebuttal argument is permitted. Claimants may reserve their entire closing for rebuttal.   

                        (4) The hearing procedures may be varied in the discretion of the Med-Arbitrator, provided all parties are allowed a full and fair opportunity to present their respective cases.

The attendance of persons other than the parties and their representatives during the arbitration hearing phase of the Med-Arbitration, including witnesses, shall be determined by the arbitrator(s). However, all parties to the Med-Arbitration and their counsel shall attend all hearings.  Also generally allowed to be present at the hearing are expert witnesses.

The Med-Arbitrator may, in their own discretion, adjourn any hearing(s) upon the request of any party to the Med-Arbitration proceeding.

Where permitted by applicable law, the hearings may be reopened by the Med-Arbitrator on their own motion or at the discretion of the Med-Arbitrator upon application of a party at any time before the award is rendered.

(a) The Med-Arbitrator shall endeavor to render an award within ten business days from the date the record is closed. 

(b) All awards shall be in writing and signed by the Med-Arbitrator or in such manner as is required by applicable law. Such awards may be entered as a judgment in any court of competent jurisdiction.

(c) Unless the applicable law directs otherwise, all awards rendered pursuant to these Rules shall be deemed final and not subject to review or appeal.

(d) USADR will serve a copy of the award on each party, or the representative of the party.  USADR will serve the award by using any method available and convenient to the parties and USADR, and that is reasonably expected to cause the award to be delivered to all parties, or their counsel, on the same day.  Methods USADR may use include, but are not limited to, registered or certified mail, hand delivery, and facsimile or other electronic transmission.

(e) The award shall contain the names of the parties, the name of counsel, if any, a summary of the issues in controversy, the damages and other relief requested, the damages and other relief awarded, a statement of any other issues resolved, the name and signature of the Med-Arbitrator, the dates the claim was filed and the award rendered, the number and dates of hearing sessions, and the location of the hearings.

(f) All monetary awards shall be paid within thirty (30) days of receipt unless a motion to vacate has been filed with a court of competent jurisdiction. An award shall bear statutory interest from the date of the award:
                        (1) if not paid within thirty (30) days of receipt,
                        (2) if the award is the subject of a motion to vacate which is denied, or
                        (3) as specified by the arbitrator(s) in the award.