Common use of The Arbitration Hearing Clause in Contracts

The Arbitration Hearing. (a) The Arbitrator will ordinarily conduct the Arbitration Hearing in the manner set forth in these Rules. The Arbitrator may vary these procedures if it is determined to be reasonable and appropriate to do so. It is expected that the Employee will attend the Arbitration Hearing, as will any other individual party with information about a significant issue. (b) The Arbitrator shall determine the order of proof, which will generally be similar to that of a court trial. (c) The Arbitrator shall require witnesses to testify under oath if requested by any Party, or otherwise at the discretion of the Arbitrator. (d) Strict conformity to the rules of evidence is not required, except that the Arbitrator shall apply applicable law relating to privileges and work product. The Arbitrator shall consider evidence that he or she finds relevant and material to the dispute, giving the evidence such weight as is appropriate. The Arbitrator may be guided in that determination by principles contained in the Federal Rules of Evidence or any other applicable rules of evidence. The Arbitrator may limit testimony to exclude evidence that would be immaterial or unduly repetitive, provided that all Parties are afforded the opportunity to present material and relevant evidence. (e) The Arbitrator shall receive and consider relevant deposition testimony recorded by transcript or videotape, provided that the other Parties have had the opportunity to attend and cross-examine. The Arbitrator may in his or her discretion consider witness affidavits or other recorded testimony even if the other Parties have not had the opportunity to cross-examine, but will give that evidence only such weight as he or she deems appropriate. (f) The Parties will not offer as evidence, and the Arbitrator shall neither admit into the record nor consider, prior settlement offers by the Parties or statements or recommendations made by a mediator or other person in connection with efforts to resolve the dispute being arbitrated, except to the extent that applicable law permits the admission of such evidence. (g) The Hearing, or any portion thereof, may be conducted telephonically or videographically with the agreement of the Parties or at the discretion of the Arbitrator. (h) When the Arbitrator determines that all relevant and material evidence and arguments have been presented, and any interim or partial Awards have been issued, the Arbitrator shall declare the Hearing closed. The Arbitrator may defer the closing of the Hearing until a date determined by the Arbitrator, to permit the Parties to submit post- Hearing briefs, which may be in the form of a letter, and/or to make closing arguments. If post-Hearing briefs are to be submitted, or closing arguments are to be made, the Hearing shall be deemed closed upon receipt by the Arbitrator of such briefs or at the conclusion of such closing arguments, whichever is later. (i) At any time before the Award is rendered, the Arbitrator may, sua sponte or on application of a Party for good cause shown, reopen the Hearing. If the Hearing is reopened, the time to render the Award shall be calculated from the date the reopened Hearing is declared closed by the Arbitrator. (j) The Arbitrator may proceed with the Hearing in the absence of a Party that, after receiving notice of the Hearing pursuant to Rule 19, fails to attend. The Arbitrator may not render an Award solely on the basis of the default or absence of the Party, but shall require any Party seeking relief to submit such evidence as the Arbitrator may require for the rendering of an Award. If the Arbitrator reasonably believes that a Party will not attend the Hearing, the Arbitrator may schedule the Hearing as a telephonic Hearing and may receive the evidence necessary to render an Award by affidavit. The notice of Hearing shall specify if it will be in person or telephonic. (k) Any Party may arrange for a stenographic or other record to be made of the Hearing and shall inform the other Parties in advance of the Hearing. (i) The requesting Party shall bear the cost of such stenographic record. If all other Parties agree to share the cost of the stenographic record, it shall be made available to the Arbitrator and may be used in the proceeding. (ii) If there is no agreement to share the cost, the stenographic record may not be provided to the Arbitrator and may not be used in the proceeding, unless the Party arranging for the stenographic record agrees to provide access to the stenographic record either at no charge or on terms that are acceptable to the Parties and the reporting service. (iii) If the Parties agree to the Optional Arbitration Appeal Procedure (see Rule 34), they shall, if possible, ensure that a stenographic or other record is made of the Hearing. (iv) The Parties may agree that the cost of the stenographic record shall or shall not be allocated by the Arbitrator in the Award.

The Arbitration Hearing. The following rules and procedures will govern the arbitration: (a) The Arbitrator will ordinarily may conduct the Arbitration Hearing arbitration in a manner he determines appropriate for a fair and expeditious disposition of the manner set forth in these Rulesproceeding. The Arbitrator may vary these procedures if it is determined will be the judge of the admissibility, relevance, materiality and weight of all evidence offered. Conformity to State or Federal rules of evidence and civil procedure shall not be reasonable necessary, except that rules applicable to work product privilege, attorney client privilege and appropriate to do so. It is expected that settlement offers shall be enforced by the Employee will attend the Arbitration Hearing, as will any other individual party with information about a significant issueArbitrator. (b) The Arbitrator shall determine will establish the order time to be allocated for the hearing, giving due consideration to the nature of proofthe case, which the proof expected, and the reasonable requests of the parties' or their attorneys. Each party will generally be similar afforded a reasonable opportunity to that make an opening statement, present evidence, cross-examine witnesses appearing at the hearing, and make a closing statement. The Parties may, but will not be required, to submit briefs or memoranda in support of a court trialtheir respective positions. (c) The Arbitrator Either party may, at its expense, have the hearing transcribed, provided a copy of any transcript prepared shall require witnesses be provided to testify under oath if requested by any Party, or otherwise at the discretion of the Arbitrator. (d) Strict conformity to the rules of evidence is not required, except that the Arbitrator shall apply applicable law relating to privileges and work product. The Arbitrator shall consider evidence that he or she finds relevant and material to the dispute, giving the evidence such weight as is appropriate. The Arbitrator may be guided in that determination by principles contained in hear and decide the Federal Rules controversy upon the evidence presented although a party duly notified of Evidence or any other applicable rules the date and time of evidence. The Arbitrator may limit testimony the hearing fails to exclude evidence that would be immaterial or unduly repetitive, provided that all Parties are afforded the opportunity to present material and relevant evidenceappear. (e) The Arbitrator All testimony shall receive and consider relevant deposition testimony recorded by transcript be presented under oath or videotape, provided that the other Parties have had the opportunity to attend and cross-examine. The Arbitrator may in his or her discretion consider witness affidavits or other recorded testimony even if the other Parties have not had the opportunity to cross-examine, but will give that evidence only such weight as he or she deems appropriateaffirmation. (f) The Parties will not offer as evidence, and Each party shall have the Arbitrator shall neither admit into the record nor consider, prior settlement offers right to be represented by the Parties or statements or recommendations made by a mediator or other person in connection with efforts to resolve the dispute being arbitrated, except to the extent that applicable law permits the admission of such evidencecounsel. (g) The HearingUnless the parties agree otherwise, or any portion thereofthe Arbitrator shall have the discretion to allow discovery upon such terms and conditions as he shall deem appropriate, may be conducted telephonically or videographically with taking into consideration the agreement needs of the Parties or at parties, the discretion needs of witnesses, and the need to conduct the hearing in a fair, efficient and cost-effective manner. The Arbitrator may establish deadlines for exchanging evidence and exhibits, pre-marking exhibits, disclosing witnesses, and other pre-hearing matters in an appropriate case. Such measures will not be employed in every case, however, in an effort to maintain the efficiency and cost- effectiveness of the Arbitratorarbitration process. (h) When the Arbitrator determines that all relevant and material evidence and arguments have been presentedEach party, and any interim or partial Awards have been issued, the Arbitrator shall declare the Hearing closed. The Arbitrator may defer the closing of the Hearing until a date determined by and/or the Arbitrator, to permit the Parties to submit post- Hearing briefs, which may be in the form of a letter, and/or to make closing arguments. If post-Hearing briefs are to be submitted, or closing arguments are to be made, the Hearing shall be deemed closed upon receipt by the Arbitrator of such briefs or entitled to subpoena witnesses for attendance at the conclusion hearing and/or for the production of such closing arguments, whichever is laterrecords. All provisions of applicable state or federal rules of civil procedure relating to fees and expenses of witnesses shall be equally applicable in this arbitration. (i) At any time before Use of depositions of witnesses who cannot be subpoenaed or are unable to attend the Award is rendered, hearing will be permitted to the Arbitrator may, sua sponte or on application of a Party for good cause shown, reopen the Hearing. If the Hearing is reopened, the time to render the Award shall be calculated from the date the reopened Hearing is declared closed extent permitted by the Arbitrator. (j) The Arbitrator may proceed with the Hearing in the absence state or federal rules of a Party that, after receiving notice of the Hearing pursuant to Rule 19, fails to attend. The Arbitrator may not render an Award solely on the basis of the default or absence of the Party, but shall require any Party seeking relief to submit such evidence as the Arbitrator may require for the rendering of an Award. If the Arbitrator reasonably believes that a Party will not attend the Hearing, the Arbitrator may schedule the Hearing as a telephonic Hearing and may receive the evidence necessary to render an Award by affidavit. The notice of Hearing shall specify if it will be in person or telephonic. (k) Any Party may arrange for a stenographic or other record to be made of the Hearing and shall inform the other Parties in advance of the Hearing. (i) The requesting Party shall bear the cost of such stenographic record. If all other Parties agree to share the cost of the stenographic record, it shall be made available civil procedure applicable to the Arbitrator and may be used in the proceedingLitigation. (ii) If there is no agreement to share the cost, the stenographic record may not be provided to the Arbitrator and may not be used in the proceeding, unless the Party arranging for the stenographic record agrees to provide access to the stenographic record either at no charge or on terms that are acceptable to the Parties and the reporting service. (iii) If the Parties agree to the Optional Arbitration Appeal Procedure (see Rule 34), they shall, if possible, ensure that a stenographic or other record is made of the Hearing. (iv) The Parties may agree that the cost of the stenographic record shall or shall not be allocated by the Arbitrator in the Award.

The Arbitration Hearing. (a) a. The Arbitrator will ordinarily arbitrator shall conduct the Arbitration Hearing hearing in the manner set forth in accordance with these Rulesrules. The Arbitrator arbitrator may vary these procedures if it is determined to be reasonable and appropriate to do so. It is expected that the Employee will attend the Arbitration Hearing, as will any other individual party with information about a significant issue. (b) b. The Arbitrator arbitrator shall determine the order of proof. Normally, which will generally the claimant shall present evidence to support his/her/its claim. The respondent shall then present evidence to support his/her/its defense. Witnesses for each party shall also submit to questions from the adverse party. The arbitrator has the discretion to vary this procedure, provided that the parties are treated with equality and that each party has the right to be similar heard and is given a fair opportunity to that of a court trialpresent his/her/its case. (c) c. The Arbitrator arbitrator, exercising his or her discretion, shall require witnesses conduct the proceedings with a view to testify under oath if requested by any Party, or otherwise at expediting the discretion resolution of the Arbitratordispute and may direct the order of proof, bifurcate proceedings, direct the parties to focus their presentations on issues the decision of which could dispose of all or part of the case, and call and examine witnesses. (d) d. Strict conformity to the rules of evidence is not required, except that the Arbitrator arbitrator shall apply applicable law relating to privileges and work product. The Arbitrator arbitrator shall consider evidence that he or she finds relevant determine the admissibility, relevance, and material to the dispute, giving materiality of the evidence such weight as is appropriate. The Arbitrator offered and may be guided in that determination by principles contained in the Federal Rules of Evidence or any other applicable rules of evidence. The Arbitrator may limit testimony to exclude evidence that would deemed by the arbitrator to be immaterial cumulative or unduly repetitive, provided that all Parties are afforded the opportunity to present material and relevant evidenceirrelevant. (e) e. The Arbitrator shall arbitrator may receive and consider relevant deposition testimony recorded the evidence of witnesses by transcript declaration or videotape, provided that the other Parties have had the opportunity to attend and cross-examine. The Arbitrator may in his or her discretion consider witness affidavits or other recorded testimony even if the other Parties have not had the opportunity to cross-examineaffidavit, but will shall give that evidence it only such weight as he or she the arbitrator deems appropriateit is entitled to after consideration of any objection made to its admission. (f) f. The Parties parties will not offer as evidence, and the Arbitrator arbitrator shall neither admit into the record nor consider, prior settlement offers by the Parties parties or statements or recommendations made by a mediator or other person in connection with efforts to resolve the dispute being arbitrated, except to the extent that applicable law permits the admission of such evidence. (g) g. The Hearing, parties may agree to have all or any a portion thereof, may be of the hearings conducted telephonically or videographically may agree to waive oral hearings in their entirety. h. An arbitrator finding it necessary to make an inspection or investigation in connection with the agreement of arbitration shall direct ADR Services to so advise the Parties parties. The arbitrator shall set the date and time and ADR Services shall notify the parties. Any party who so desires may be present at such an inspection or investigation. In the event that one or all parties are not present at the discretion of inspection or investigation, the Arbitratorarbitrator shall make an oral or written report to the parties and afford them an opportunity to comment. (h) When the Arbitrator determines that all relevant and material evidence and arguments have been presented, and any interim or partial Awards have been issued, the Arbitrator shall declare the Hearing closed. i. The Arbitrator may defer the closing of the Hearing until a date determined by the Arbitrator, to permit the Parties to submit post- Hearing briefs, which may be in the form of a letter, and/or to make closing arguments. If post-Hearing briefs are to be submitted, or closing arguments are to be made, the Hearing shall be deemed closed upon receipt by the Arbitrator of such briefs or at the conclusion of such closing arguments, whichever is later. (i) At any time before the Award is rendered, the Arbitrator may, sua sponte or on application of a Party for good cause shown, reopen the Hearing. If the Hearing is reopened, the time to render the Award shall be calculated from the date the reopened Hearing is declared closed by the Arbitrator. (j) The Arbitrator arbitrator may proceed with the Hearing hearing in the absence of a Party thatparty who is bound to arbitrate, and who, after receiving notice a Notice of the Hearing pursuant to Rule 19Hearing, fails to attend. The Arbitrator arbitrator may not render an Award solely on the basis of the default or absence of the Partyparty, but shall require any Party party seeking relief to submit such evidence as the Arbitrator arbitrator may require for the rendering of an Award. j. The arbitrator shall declare the hearing closed upon the determination that all relevant material evidence has been presented. If The closing of the Arbitrator reasonably believes that a Party will not attend hearing may be delayed until such time as post- hearing briefs are submitted or closing arguments presented. k. At any time before the HearingAward is rendered, the Arbitrator arbitrator may schedule re-open the Hearing as hearing upon his or her own initiative or upon the application of a telephonic Hearing party for good cause. The time limits for rendering the Award will be extended accordingly, i.e. 30 days from the closing of the reopened hearing. l. The parties may agree to waive the oral hearing and may receive submit the evidence necessary dispute to render the arbitrator for an Award by affidavit. The notice of Hearing shall specify if it will be in person or telephonicbased on written submissions and other evidence as the parties may agree. (k) Any Party may arrange for a stenographic or other record to be made of the Hearing and shall inform the other Parties in advance of the Hearing. (i) The requesting Party shall bear the cost of such stenographic record. If all other Parties agree to share the cost of the stenographic record, it shall be made available to the Arbitrator and may be used in the proceeding. (ii) If there is no agreement to share the cost, the stenographic record may not be provided to the Arbitrator and may not be used in the proceeding, unless the Party arranging for the stenographic record agrees to provide access to the stenographic record either at no charge or on terms that are acceptable to the Parties and the reporting service. (iii) If the Parties agree to the Optional Arbitration Appeal Procedure (see Rule 34), they shall, if possible, ensure that a stenographic or other record is made of the Hearing. (iv) The Parties may agree that the cost of the stenographic record shall or shall not be allocated by the Arbitrator in the Award.

The Arbitration Hearing. (a) The Arbitrator Arbitrator(s) will ordinarily conduct the Arbitration Hearing in the manner set forth in these Rules. The Arbitrator Arbitrator(s) may vary these procedures if the Arbitrator(s) determines that it is determined to be reasonable and appropriate to do so. It is expected that the Employee will attend the Arbitration Hearing, as will any other individual party with information about a significant issue. (b) The Arbitrator shall Arbitrator(s) will determine the order of proof, which will generally be similar to that of a court trial. (c) The Arbitrator shall Arbitrator(s) will require witnesses to testify under oath if requested by any Party, or otherwise at the discretion of the Arbitrator. (d) Strict conformity to the rules of evidence is not required, except that the Arbitrator shall apply applicable law relating to privileges and work product. The Arbitrator shall Arbitrator(s) will consider evidence that he or she finds relevant and material to the dispute, giving the evidence such weight as he or she determines is appropriate. The Arbitrator Arbitrator(s) may be guided in that determination by principles contained in the Federal Rules of Evidence or by any other applicable judicial rules of evidence; however, strict conformity to such rules of evidence is not required, except that the Arbitrator(s) will apply the law relating to privileges and work product. The Arbitrator may limit testimony to exclude evidence that would be immaterial or unduly repetitive, provided that all Parties are afforded the opportunity to present material and relevant evidence. (e) The Arbitrator shall Arbitrator(s) will receive and consider relevant witnesses' deposition testimony recorded by transcript or videotape, provided that the other Parties have had the opportunity to attend and cross-examine. The Arbitrator Arbitrator(s) may in his or her discretion consider witness affidavits or other recorded testimony even if the other Parties have not had the opportunity to cross-examine, but will give that evidence only such weight as he or she the Arbitrator(s) deems appropriate. (f) The Parties will not offer as evidence, and the Arbitrator shall Arbitrator(s) will neither admit into the record nor consider, prior settlement offers by the Parties or statements or recommendations made by a mediator or other person in connection with efforts to resolve the dispute being arbitrated, except to the extent that applicable law permits the admission of such evidence. (g) The Hearing, or any portion thereof, may be conducted telephonically or videographically with the agreement of the Parties or at the discretion of the Arbitrator. (h) When the Arbitrator Arbitrator(s) determines that all relevant and material evidence and arguments have been presented, and any interim or partial Awards have been issued, the Arbitrator shall will declare the Hearing closed. The Arbitrator Arbitrator(s) may defer the closing of the Hearing until a date determined agreed upon by the ArbitratorArbitrator(s) and the Parties, to permit the Parties to submit post- post-Hearing briefs, which may be in the form of a letter, and/or to make closing arguments. If post-Hearing briefs are to be submitted, or closing arguments are to be made, the Hearing shall will be deemed closed upon receipt by the Arbitrator Arbitrator(s) of such briefs or at the conclusion making of such closing arguments, whichever is later. (ih) At any time before the Award is rendered, the Arbitrator Arbitrator(s) may, sua sponte on his or her own initiative or on application of a Party for good cause shown, reopen re-open the Hearing. If the Hearing is reopenedre-opened and the re-opening prevents the rendering of the Award within the time limits specified by these Rules, the time to render the Award shall limits will be calculated from the date the reopened Hearing is declared closed by the Arbitratorextended for an appropriate period of time. (ji) The Arbitrator Arbitrator(s) may proceed with the Hearing in the absence of a Party thatwho, after receiving having executed an Arbitration agreement, or who is otherwise bound to arbitrate, and after having received notice of the Hearing pursuant to Rule 1917, fails to attend. The Arbitrator Arbitrator(s) may not render an Award solely on the basis of the default or absence of the Party, but shall will require any Party seeking relief Party(ies) who is present to submit such evidence as the Arbitrator Arbitrator(s) may require for the rendering of an Award. If the Arbitrator JAMS/ENDISPUTE reasonably believes that a Party will not attend the Hearing, the Arbitrator may schedule the Hearing as a telephonic Hearing and may receive the evidence necessary to render an Award either by a telephone conference or by affidavit. The notice of Hearing shall specify if it will be in person or telephonic. (kj) Any Party may arrange for request that a stenographic or other record to be made of the Hearing and shall inform Hearing, provided that the other Parties in advance of the Hearing. (i) The requesting Party shall bear the cost of such stenographic recordrecord and that the original of the record be maintained by the reporting service so that the other Party(ies) has equal access to it. If all a stenographic or other Parties agree to share the cost record is made of the stenographic recordHearing, it shall be made available the requesting Party(ies) will provide a copy to the Arbitrator and may be used in the proceeding. (ii) If there is no agreement to share the cost, the stenographic record may not be provided to the Arbitrator and may not be used in the proceeding, unless the Party arranging for the stenographic record agrees to provide access to the stenographic record either at no charge or on terms that are acceptable to the Parties and the reporting service. (iii) Arbitrator. If the Parties agree to the an Optional Arbitration Appeal Procedure (see Rule 34)Procedure, they shall, if possible, will ensure that a stenographic or other record is made of the HearingHearing and will share the cost. Return to index at top of page. (iv) The Parties may agree that the cost of the stenographic record shall or shall not be allocated by the Arbitrator in the Award.