Common use of Hearing Procedure Clause in Contracts

Hearing Procedure. The hearing shall proceed according to the American Arbitration Association's "National Rules for the Resolution of Employment Disputes" as amended and effective June 1, 1997, with the following amendments: 1. The Arbitrator shall rule at the outset of the arbitration on procedural issues that bear on whether the arbitration is allowed to proceed. 2. Each party has the burden of proving each element of its claims or counterclaims, and each party has the burden of proving any of its affirmative defenses. 3. In addition to, or in lieu of closing argument, either party shall have the right to present a post-hearing brief, and the due date for exchanging any post-hearing briefs shall be mutually agreed on by the parties and the Arbitrator.

Appears in 11 contracts

Samples: Employment Agreement (Monterey Bay Bancorp Inc), Employment Agreement (Monterey Bay Bancorp Inc), Employment Agreement (Monterey Bay Bancorp Inc)

AutoNDA by SimpleDocs

Hearing Procedure. The hearing shall proceed according to the American Arbitration Association's "National Rules for the Resolution of Employment Disputes" as amended and effective June 1, 1997, with the following amendments: 1. a. The Arbitrator arbitrator shall rule at the outset of the arbitration on procedural issues that bear on whether the arbitration is allowed to proceed. 2. b. Each party has the burden of proving each element of its claims claim or counterclaims, and each party has the burden of proving any of its affirmative defenses. 3. c. In addition to, or in lieu of of, closing argumentarguments, either party shall have the right to present a post-hearing briefbriefs, and the due date for exchanging any post-hearing briefs shall be mutually agreed on by the parties and the Arbitratorarbitrator.

Appears in 2 contracts

Samples: Employment Agreement (Ultrak Inc), Employment Agreement (Ultrak Inc)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!