STATE COURT RULES FOR ADR PROGRAMS
Courtesy of:
The National Center for State Courts
300 Newport Avenue, Williamsburg, VA 23185 U.S.A
Phone:(757) 253-2000 - Fax: (757) 220-0449
URL: http://www.ncsc.dni.us/
ALABAMA 1994 RULES OF COURT
Alabama Rules of Civil Procedure
Rule:
8(c). General Rules of Pleading
16(6). Pre-Trial Procedure; Formulating Issues
Alabama Civil Court Mediation Rules
Rule:
1. Definition of Mediation and Scope of Rules
2. Initiation of Mediation; Stay of Proceedings
3. Appointment of a Mediator
4. Qualifications of a Mediator
5. Vacancies
6. Assistance
7. Time and Place of Mediation
8. Identification of Matters in Dispute
9. Authority of Mediator
10. Privacy
11. Confidentiality
12. No Record
13. Termination of Mediation
14. Interpretation and Application of Rules
15. Expenses, Mediator''s Fee, and Deposits
ALASKA 1994-1995 RULES OF COURT
Rules of Civil Procedure
Rule:
8(c). General Rules of Pleading
16 (d,2). Pre-Trial Procedure--Formulating Issues; The Conference
100. Mediation
Rules of Evidence
Rule:
408. Compromise and Offers to Compromise
Alaska Bar Rules
Part III. Rules of Attorney Fee Dispute Resolution
Rule:
34. General Principles and Jurisdiction
35. Fees for Legal Services; Agreements
36. Bar Counsel of the Alaska Bar Association
37. Area Fee Dispute Resolution Divisions; Arbitration Panels; Single Arbitrators
38. The Executive Committee of the Fee Dispute Resolution Program
39. Notice of Right to Arbitration; Stay of Proceedings; Waiver by Client
40. Procedure
Code of Judicial Conduct
Part I
Canon:5(e) A Judge Should Regulate His Extra-Judicial Activities to Minimize the Risk of Conflict with His Judicial Duties; Arbitration
ARIZONA RULES OF COURT 1995
Rules of Civil Procedure
Rule:
5(I). Compulsory Arbitration
8(c). Affirmative Defenses
Uniform Rules of Practice of the Superior Court of Arizona
Rule:
VI(e). Mandatory Settlement Conferences; Objectives
Local Rules of Practice for the Superior Courts
Apache County
Rule:
8. Arbitration
19. Settlement Conferences
20. Pretrial Statements and Conferences--Discovery
Cochise County
X. Conciliation Court and Mediation Services
XI. Compulsory Arbitration
XII. Alternative Methods for Resolving Civil Disputes
Coconino County
IX. Notice of Settlement--Assessment of Jury Fees
XIII. Mandatory Use of Conciliation Court in Contested Custody Cases
XVII. Arbitration
XVIII. Alternative Dispute Resolution
XIX. Criminal Cases: Participation by Judge in Settlement Negotiations
Gila County
XII. Settlement Before Trial
XIII. Arbitration
Graham County
VI. Settlement of Jury Cases
VIII. Arbitration
Greenlee County
VII. Arbitration
La Paz County
10. Arbitration
Maricopa County
3.6(c). Settlement Without Final Judgment
3.10. Arbitration
3.11. Mandatory Settlement Conferences
6.8. Mediation
Mohave County
CV-7. Arbitration
CV-12. Settlement Conferences and Statements
DR-1. Conciliation Court and Mediation Services
Pima County
3(3.9). Arbitration Matters
8(8.7). Mediation of Custody and Visitation Disputes
18. Conciliation Court
Pinal County
2.17. Settlement and Dismissal of Civil Actions; Sanctions
2.20. Arbitration
4.1. Conciliation Court
4.2. Mediation
Santa Cruz County
5. Compulsory Arbitration of Claims
16.2. Settlement Without Final Judgment
Yavapai County
10. Conciliation, Mediation and Arbitration
11A. Assessment of Jury Fees on Settlement of Cases
Yuma County
VII. Settlement and Dismissal of Civil Actions
X. Arbitration
Uniform Rules of Procedure for Arbitration
Rule:
1. Compulsory Arbitration; Arbitration by Reference
2. Appointment of Arbitrators
3. Applicability of Rules of Civil Procedure; Rulings by Arbitrator
4. Hearing; Evidence and Procedure
5. Award
6. Compensation of Arbitrators
7. Right of Appeal
Local Rules for Pima County Justice of the Peace Courts Providing for Pre-Trial Conferences in Criminal Cases
Rule:
1.1. Pre-trial Conference
1.2. Purpose
1.3. Cases Affected
1.4. Attendance
1.5. Discovery
1.6. Orders for Disposition
1.7. Administrative Provisions
ARKANSAS CODE OF 1987 ANNOTATED
Arkansas Code of Judicial Conduct
Canon: 4.F. A Judge Shall so Conduct the Judge''s Extra-Judicial Activities as to Minimize the Risk of Conflict with Judicial Obligations; Service as Arbitrator or Mediator
CALIFORNIA RULES OF COURT 1994
Judicial Arbitration Rules for Civil Cases
Rule:
1600-1618
1631-1639
COLORADO RULES OF COURT 1995
Rules of Civil Procedure
Rule:
8(c). General Rules of Pleading
107(a). Civil Contempt
CONNECTICUT RULES OF COURT 1995
Superior Court Rules--Civil Cases
Rule:
164. The Answer--Denials; Special Defenses
525. Arbitration; Confirming, Correcting or Vacating Award
546(l-t). Arbitration
DELAWARE RULES ANNOTATED 1995
Superior Court Civil Rules
Rule:
16.1. Compulsory Arbitration
DISTRICT OF COLUMBIA COURT RULES ANNOTATED 1994
Superior Court Civil Arbitration Program Rules
FLORIDA RULES OF COURT 1994
Rules of Civil Procedure
Rule:
1.700. Rules Common to Mediation and Arbitration
1.710. Mediation Rules
1.720. Mediation Procedures
1.730. Completion of Mediation
1.740. Family Mediation
1.750. Small Claims Matters
1.800. Case Eligibility for Court-Ordered Non-Binding Arbitration
1.810. Selection, Qualification, Training, and Compensation of Arbitrators
1.820. Hearing Procedures for Non-Binding Arbitration
1.830. Voluntary Binding Arbitration
Rules of Workers'' Compensation Procedures
Part C: Mediation Procedures
Rule:
4.330. General Provisions
4.340. Request for or Referral to Mediation
4.350. Scheduling Mediation Conference
4.360. Mediation Procedures
4.370. Conclusion of Mediation
4.380. Disqualification of Mediator
Florida Rules for Certified and Court-Appointed Mediators
Part I. Mediator Qualifications
Rule:
10.010. General Qualification
Part II. Standards of Professional Conduct
Rule:
10.020. Preamble
10.030. General Standards and Qualifications
10.040. Responsibilities to Courts
10.050. The Mediation Process
10.060. Self-Determination
10.070. Impartiality
10.080. Confidentiality
10.090. Professional Advice
10.100. Fees and Expenses
10.110. Concluding Mediation
10.120. Training and Education
10.130. Advertising
10.140. Relationships with Other Professionals
10.150. Advancement of Mediation
Part III.
Rule:
10.160. Scope and Purpose
10.170. Privilege to Mediate
10.180. Definitions
10.190. Mediator Qualifications Board
10.200. Jurisdiction
10.210. Staff
10. 220. Complaint Committee Process
10.230. Hearing Procedures
10.240. Sanctions
10.250. Subpoenas
10.260. Confidentiality
10.270. Interested Party
10.280. Disqualification of Members of a Panel or Committee
10.290. Supreme Court Review
Rules of Juvenile Procedure
Rule:
8.185. Community Arbitration
Rules Regulating the Florida Bar
Chapter 14. Fee Arbitration Rule
Rule:
14-1. Jurisdiction and Venue
14-2. Standing Committee
14-3. Circuit Arbitration Committees
14-4. Institution of Proceedings
14-5. Rules of Procedure
Rules of Procedure for Arbitration Proceedings
Rule:
I. Preamble
II. Selection of Arbitrators
III. Record of Proceedings
IV. Hearings
V. Closing of Hearings
VI. The Award
VII. Death or Incompetence
VIII. Post Award Assistance
GEORGIA COURT RULES AND PROCEDURES 1994
Alternative Dispute Resolution Rules
Rule:
I. Definitions
II. Central Organization
III. Funding
IV. Court Programs
V. Qualification and Training of Neutrals
VI. Compensation and Immunity
VII. Education
Appendix A--Uniform Rule fro Alternative Dispute Resolution Programs
Rule:
1. General Rules
2. Referral to ADR
3. Exemption from ADR
4. Appearance at an ADR Conference or Hearing
5. Qualification and Training for Neutrals
6. Confidentiality and Immunity
7. Communication Between Neutrals, the Program, and the Court
8. Enforceability of Agreements
9. Selection of Neutrals
10. Evaluation
11. Local Program Rules of Procedure for ADR
IDAHO COURT RULES 1994
Idaho Rules of Civil Procedure
Rule:
16(j). Mediation of Child Custody and Visitation Disputes
ILLINOIS CODE OF CIVIL PROCEDURE AND RULES OF COURT 1994
Civil Procedure--Part 10A. Mandatory Arbitration System
Rule:
5/2-1001A. Authorization
5/2-1002A. Implementation by Supreme Court Rules
5/2-1003A. Qualification, Appointment, and Compensation of Arbitrators
5/2-1004A. Decision and Award
5/2-1005A. Judgment of the Court
5/2-1006A. Uniform Arbitration Act
5/2-1007A. Expenses
5/2-1008A. Evaluation-Report
5/2-1009A. Filing Fees
Court Rules--Mandatory Arbitration
Rule:
86. Actions Subject to Mandatory Arbitration
87. Appointment, Qualification, and Compensation of Arbitrators
88. Scheduling of Hearings
89. Discovery
90. Conduct of the Hearing
91. Absence of Party at Hearing
92. Award and Judgment on Award
93. Rejection of Award
94. Form of Oath, Award and Notice of Award
INDIANA RULES OF COURT 1995
Rules for Alternative Dispute Resolution
Rule 1--General Provisions
1.1. Recognized ADR Methods
1.2. Scope of These Rules
1.3. ADR Methods Described
1.4. Application of ADR
1.5. Immunity for Persons Acting Under This Rule
1.6. Discretion in Use of Rules
1.7. Jurisdiction of Proceeding
1.8. Record Keeping
1.9. Service of Papers and Orders
1.10. Other Methods of Dispute Resolution
Rule 2--Mediation
2.1. Purpose
2.2. Case Selection/Objection
2.3. Listing of Mediators
2.4. Selection of Mediators
2.5. Qualifications of Mediators
2.6. Mediation Costs
2.7. Mediation Procedure
2.8. Subsequent Involvement of Mediators
2.9. Rules of Evidence
2.10. Discovery
2.11. Sanctions
2.12. Confidentiality
Rule 3--Arbitration
3.1. Agreement to Arbitrate
3.2. Case Status During Arbitration
3.3. Assignment of Arbitrators
3.4. Arbitration Procedure
3.5. Sanctions
Lake County Rules of Alternative Dispute Resolution
A. Applications and List of Mediators
B. Civil Cases
C. Domestic Relations Cases
Appendix A--Mediators Application for Civil/Domestic Cases
Joint Allen County Court ADR Rules
KANSAS COURT RULES AND PROCEDURES 1995
Rules of Civil Procedure
Rule:
60-452a. Matters Disclosed in Mediation, Conciliation, or Arbitration
KENTUCKY RULES OF COURT 1995
Pleadings and Motions
CR 8.03. Affirmative Defenses
LOUISIANA RULES OF COURT 1994
Rules of the Civil District Court for the Parish of Orleans
Rules of Practice, Rule 18--Pilot Mediation Program
Sec.:
1. Scope of the Program
2. Institution of Mediation
3. Qualification of Mediators
4. Costs of Mediation
5. The Mediation Process
6. Confidentiality
7. Time of Mediation
8. Duties of the Mediator
9. Effect of Written Settlement Agreement
Code of Judicial Conduct
Canon:5(d). Arbitration
MAINE RULES OF COURT 1994
Rules of Civil Procedure
Rule:
8(c). Affirmative Defenses
Code of Judicial Conduct--Part I, Canons
Canon:4(f). Service as Arbitrator or Mediator
Maine Bar Rules (Effective November 1, 1978)
Rule:
3. Code of Professional Responsibility
3.3(c). Fee Arbitration
9 et seq. Fee Arbitration
ANNOTATED CODE OF MARYLAND 1995
Volume 2, Special Proceedings, Subtitle E--Arbitration and Award
Rule:
E1. Arbitrations Subject to Maryland Uniform Arbitration Act
E2. Court Proceedings on Awards in Arbitrations Not Subject to Maryland Uniform Arbitration Act
E3. Arbitration in Pending Court Action
E4. Court Proceedings Not Provided for Elsewhere
E5. Executory Agreements to Arbitrate Not Made Enforceable
Volume 2, Court Administration
Rule 1231. Maryland Code of Judicial Conduct
Canon 4(h). Arbitration
Volume 2, Appendix: The Maryland Lawyers'' Rules of Professional Conduct
Client-Lawyer Relationship
1.12. Former Judge or Arbitrator
MASSACHUSETTS RULES OF COURT 1994
Standing Orders of the District Court
Standing Order 1-92. Case Management and Procedures
Section II(f). Mediation
Rules of the Superior Court
Rule 52. Reference to Arbitration. Award; Objections and Recommittal
MICHIGAN RULES OF COURT 1995
Civil Procedure
Rule 2.403--Mediation
A. Scope and Applicability of Rule
B. Selection of Cases
C. Objections to Mediation
D. Mediation Panel
E. Disqualification of Mediators
F. Mediation Clerk
G. Scheduling Mediation Hearing
H. Fees
I. Submission of Documents
J. Conduct of Hearing
K. Decision
L. Acceptance or Rejection of Evaluation
M. Effect of Acceptance of Evaluation
N. Proceedings After Rejection
O. Rejecting Party''s Liability for Costs
Special Proceedings and Actions
Rule 3.216--Domestic Relations Mediation
A. Scope and Applicability of Rule
B. Referral to Mediation
C. Objections to Mediation
D. Mediation Clerk
E. Selection of a Mediator
F. Qualifications for Mediators
G. Mediation Procedure
H. Acceptance or Rejection of Mediator''s Report and Recommendation
I. Court Consideration of Mediation Report and Recommendation
J. Fees
Rule 3.602--Arbitration
A. Applicability of Rule
B. Proceedings to Compel or to Stay Arbitration
C. Action Involving Issues Subject to Arbitration; Stay.
D. Hearing; Time; Place; Adjournment
E. Oath of Arbitrator and Witnesses
F. Subpoena; Depositions
G. Representation by Attorney
H. Award by Majority; Absence of Arbitrator
I. Award; Confirmation by Court
J. Vacating Award
K. Modification or Correction of Award
L. Judgment
M. Costs
N. Appeals
Professional Disciplinary Proceedings
Rule 9.130--MCR 8.122 Cases; Arbitration; Discipline; Filing Complaint by Administrator
A. Proceedings
B. Arbitration
C. Complaint
MINNESOTA RULES OF COURT 1995
Rules of Civil Procedure
Rule:
8.03. Affirmative Defenses
45.05. Subpoena for a hearing or trial
General Rules of Practice for District Courts
Rule:
114. Alternative Dispute Resolution
114.01. Applicability
114.02. Definitions
114.03. Notice of ADR Processes
114.04. Selection of ADR Process
114.05. Selection of Neutral
114.06. Time and Place of Proceedings
114.07. Attendance at ADR Proceedings
114.08. Confidentiality
114.09. Arbitration Proceedings
114.10. Communication With Neutral
114.11. Funding
114.12. Training
114.13. Credentials
114.14. Exceptions
MISSISSIPPI RULES OF COURT 1994
Rules of Civil Procedure
Rule 8--General Rules of Pleading
C. Affirmative Defenses
MISSOURI RULES OF COURT 1995
Supreme Court Rules
Rule:
17. Voluntary Early Dispute Resolution
17.01. Early Dispute Resolution Program-Establishment-Purpose-Voluntary Participation
17.02. Application of Program-Local Rules
17.03. Notice of Dispute Resolution Services
17.04. Qualification of Listed Individuals and Organizations
17.05. Status of Results
17.06. Confidentiality
17.07. Enforceability of Agreements
17.08. Discovery
Rule 55.08. Affirmative Defenses
Rule 88.02 et seq.
88.02. Mediation Authorized
88.03. Mediation of Child Custody and Visitation-Mediation Defined
88.04. Mediation-When Offered-Appointment of Mediator
88.05. Mediation-Qualifications of the Mediator
88.06. Mediation-Duties of the Mediator
88.07. Termination of Mediation
88.08. Confidentiality
MONTANA CODE ANNOTATED 1991
(No relevant information found)
NEBRASKA COURT RULES AND PROCEDURE 1995
Civil Procedure
Article 26. Arbitration
25-2601. Act, How Cited
25-2602. Validity of Arbitration Agreement
25-2603. Proceedings to Compel or Stay Arbitration
25-2604. Appointment of Arbitrators by Court
25-2605. Majority Action by Arbitrators
25-2606. Hearing
25-2607. Representation by Attorney
25-2608. Witnesses, Subpoenas, Depositions
25-2609. Award
25-2610. Change of Award by Arbitration
25-2611. Fees and Expenses of Arbitration
25-2612. Confirmation of Award
25-2613. Vacating an Award
25-2614. Modification or Correction of Award
25-2615. Judgment or Decree on Award
25-2616. Judgment Roll, Docketing
25-2617. Application to Court; Procedure
25-2618. Court, Jurisdiction
25-2619. Venue
25-2620. Appeals
25-2621. Act Not Retroactive
25-2622. Act, How Construed
Article 29. Dispute Resolution
25-2901. Act, How Cited
25-2902. Legislative Findings
25-2903. Terms, Defined
25-2904. Office of Dispute Resolution; Established; Director; Qualifications; Duties
25-2905. Advisory Council on Dispute Resolution; Created; Members
25-2906. Council; Members; Terms; Vacancy; Officers
25-2607. Council; Powers and Duties; Members; Expenses
25-2908. Director; Duties
25-2909. Grants; Application; Contents; Approved Centers; Reports
25-2910. Approved Center; Funding; Fees
25-2911. Dispute Resolution; Types of Cases; Referral of Cases
25-2912. Dispute Resolution Process; Procedures
25-2913. Mediators; Qualifications; Compensation; Powers and Duties
25-2914. Confidentiality; Exceptions
25-2915. Immunity; Exceptions
25-2916. Agreement; Contents; Enforceability
25-2917. Tolling of Statute of Limitations; When
25-2918. Rules and Regulations
25-2919. Application of Act
25-2920. Director; Report
NEVADA REVISED STATUTES ANNOTATED 1994
Nevada Arbitration Rules
Rule:
1. The Court Annexed Arbitration Program
2. Intent of program and application of rules
3. Matters subject to arbitration
4. Relationship to district court jurisdiction and rules: Form of documents
5. Exemptions from arbitration
6. Assignment to arbitrator
7. Qualifications of arbitrators
8. Authority of arbitrators
9. Stipulations and other documents
10 Restrictions on communications
11. Discovery
12. Scheduling of hearings; pre-hearing conferences
13. Pre-hearing statement
14. Conduct of the hearing
15. Arbitration in the absence of a party
16. Form and content of award
17. Filing of Award
18. Request for trial de novo
19. Judgment on award
20. Procedures at trial de novo
21. Scheduling of trial de novo
22. Sanctions
23. Costs
24. Fees for Arbitrators
NEW HAMPSHIRE COURT RULES ANNOTATED 1995
Superior Court Rules, volume 1
Rule:
170. Alternative Dispute Resolution
170-A. Arbitration by Agreement
171. Summary Jury Trial
Rules of Professional Conduct--Client-Lawyer Relationship, volume 2
Rule:
1.12. Former Judge or Arbitrator
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NEW JERSEY RULES OF COURT 1995
Rules of General Application
Rule 1:20A--District Fee Arbitration Committees
3(a-e). Arbitration
Rule 1:33-9--Administrative Responsibility
a. Annual Budget Recommendation--Review
b. Notification of Appointment of a Mediator
c. Mediator''s Function
d. Confidentiality
e. Mediator''s Reports
Rule 1:40--Complementary Dispute Resolution Programs
1. Purpose, Goals
2. Modes of Complementary Dispute Resolution
3. Organization, Management
4. Mediation--Generally
5. Mediation of Custody and Visitation Actions
6. Mediation of Special Civil Part Matters
7. Mediation of Minor Disputes in Municipal Court Actions
8. Guidelines, Relaxations
9. Non-court Dispute Resolution
10. Qualifications and Training Requirements for Court Mediators
Guidelines Governing the Qualifications and Training of Court Mediators
Mediator Qualifications
1.1. General Provisions
2.1. Custody/Visitation Mediation
2.2. Training Requirements for Custody and Visitation Mediators
3.1. Municipal Court Mediation
3.2. Training Requirements for Municipal Court Mediators
4.1. Training for Judicial Law Clerks
Mediator Training Program Requirements
1.1. General Provisions
2.1. Consideration of Prior Training
3.1. Continuing Training
4.1. Mediation Course Content
5.1. Administration of Training
Code of Judicial Conduct
Canon 5, Section F--Arbitration
Rules of Professional Conduct
1.12 Former Judge or Arbitrator or Law Clerk
Rules Governing Appellate Practice in the Supreme Court and the Appellate Division of the Superior Court
Rule 4:21A--Arbitration of Certain Personal Injury Actions
Section:
1. Actions Subject to Arbitration; Notice and Scheduling of Arbitration
2. Qualification, Selection and Assignment of Arbitrators
3. Settlements; Offer of Judgment
4. Conduct of Hearing
5. Arbitration Award
6. Entry of Judgment; Trial De Novo
7. Arbitration of Minor''s and Incompetent''s Claims
8. Administration
Rules Governing Practice in the Chancery Division, Family Part
Rule 5:8--Custody of Children
1. Investigation Before Award
Rules Governing Practice in the Municipal Courts
Rule 7:3--Non-Indictable Offenses; Complaint, Summons, Warrant, Notice in Lieu of Complaint
2. Mediation of Minor Disputes, Notice in Lieu of Complaint
NEW YORK RULES OF COURT 1995
Rules of the Chief Judge
Part 28. Alternative Method of Dispute Resolution by Arbitration
1. Definitions
2. Mandatory Submission of Actions to Arbitration
3. Arbitration Commissioner
4. Selection of Panels of Arbitrators
5. Assignment of Actions to Panel
6. Scheduling of Arbitration Hearings
7. Defaults
8. Conduct of Hearings
9. Costs of Hearings; Stenographic Record
10. Compensation of Arbitrators
11. Award
12. Trial De Novo
13. Motion to Vacate Award
14. General Power of Court
15. Training Courses
16. Judicial Hearing Officers
Rules of the Chief Administrator
Part 136. Fee Arbitration in Domestic Relations Matters
1. Application
2. General
3. Organization and Appointment
4. Jurisdiction
5. Arbitration Procedure
6. Arbitration Hearing
7. Determination of the Panel
8. Review
9. Confidentiality
10. Refusal to Participate in Arbitration
11. Records of Arbitration Determinations
Uniform Rules--Trial Courts
Part 210. Uniform Civil Rules for the City Courts Outside the City of New York
40. Arbitration
41(m (1-5)). There May Be Arbitration of Any Small Claims Controversy
41-a(m(1-6)). There May Be Arbitration of Any Commercial Claims Controversy
Part 212. Uniform Civil Rules for the District Courts
40. Arbitration
41(m(1-6)). There May Be Arbitration of Any Small Claims Controversy
41-a(m(1-6)). There May Be Arbitration of Any Commercial Claims Controversy
NORTH CAROLINA RULES OF COURT 1995
Rules Governing Mediated Settlement Conferences in Superior Court Civil Actions
Rule:
1. Order for Mediated Settlement Conference
2. Selection of Mediator
3. The Mediated Settlement Conference
4. Duties of Parties, Representatives, and Attorneys
5. Sanctions for Failure to Attend
6. Authority and Duties of Mediators
7. Compensation of the Mediator
8. Mediator Certification and Decertification
9. Certification of Mediation Training Programs
10. Local Rule Making
Rules for Court-Ordered Arbitration in North Carolina
Rule:
1. Actions Subject to Arbitration
2. Arbitrators
3. Arbitration Hearings
4. The Award
5. Trial De Novo
6. The Court''s Judgment
7. Costs
8. Administration
9. Application of Rules
Rules of the Office of Administrative Hearings, Hearings Division
Section .0200--Mediation Settlement Conference
Rule:
0201. Order for Mediated Settlement Conference
0202. Selection of Mediator
0203. Mediation Settlement Conference
0204. Duties of Parties, Representatives, and Attorneys
205. Sanctions for Failure to Attend
0206. Authority and Duties of Mediators
0207. Compensation of the Mediator
0208. Mediator
Code of Judicial Conduct
Canon 5, Section E--Arbitration
Rules of Professional Conduct
Canon IX, Rule 9.2--Former Judge or Arbitrator
Rules, Regulations and Organization of the North Carolina State Bar
Article VI, Section 5(q)--Fee Arbitration Committee
Appendix 9. Model Plan for District Bar Fee Arbitration
I. Appointment of Committee Members
II. Chair
III. Jurisdiction
IV. Processing Requests for Arbitration
V. Arbitration Proceedings
VI. The Decision
VII. Enforcement of the Decision
VIII. Record Keeping
Appendix 12. Rules for binding Arbitration of Disputes Between Lawyers Arising Out of the Operation or Dissolution of Law Firms,
NORTH DAKOTA COURT RULES 1995
North Dakota Rules of Civil Procedure
Rule:
8(c). General Rules of Pleading; Affirmative Defenses
OHIO RULES OF COURT 1995
Ohio Rules of Civil Procedure
Rule 8(c). General Rules of Pleading; Affirmative Defenses
Ohio Rules of Evidence
Rule 101(c)(5) Scope of Rules; Exceptions; Arbitration
Rules of Superintendence for Courts of Common Pleas
Rule 15--Arbitration
(A) Arbitration in Civil Cases
(B) Arbitration in Juvenile and Domestic Relations Cases
** Supreme Court Committee on Dispute Resolutions Commentary to November 30, 1992 amendment.
Cuyahoga County Court of Common Pleas
Rule 21.2--Alternative Dispute Resolution
Franklin County Court of Common Pleas
Rule 103--Compulsory Arbitration
Sec.:
103.00. Introduction
103.01. Cases for Arbitration
103.02. Selection of Arbitrators
103.03. Compensation for Arbitrators
103.04. Hearing: When and Where Held- Notice
103.05. Duties and Oaths of Arbitrators
103.06. Default of a Party
103.07. Supervisory Powers of the Court
103.08. Witness Fees, Written Depositions, Videotape Depositions
103.09. Transcript of Testimony
103.10. Continuance of Hearing, Inability of Hearing to Proceed
103.11. Conduct of Hearing- General Powers
103.12. Report and Award
103.13. Legal Effect of Report and Award: Entry of Judgment
103.14. Appeals
Rule 105--Mandatory Mediation
105.01. Reference to Mediation
105.02. Notification of Conference
105.02. Settlement of Case
105.03. Statements of Evidence
Hamilton County Court of Common Pleas
Rule 24--Compulsory Arbitration
A. Cases for Arbitration
B. Exception to Order of Arbitrator
C. Selection of Arbitrators
D. Manner of Appointment
E. Compensation of Board: Disqualification from Appointment
F. Assignment of Cases
G. Hearings: When and Where Held: Notice
H. Inability of Party to Proceed
I. Oath of Arbitrators
J. Default of a Party
K. Conduct of a Hearing: General Powers
L. Specific Powers
M. Supervisory Powers of Court
N. Witness Fees
O. Transcript of Testimony
P. Report and Award
Q. Legal Effect of Report and Award: Entry of Judgment
R. Compensation of Arbitrators
S. Right of Appeal
T. Notice of Appeal and Cost
U. Poverty Affidavit
V. Return to Active List
W. Appeal De Novo
X. Testimony of Arbitrators on Appeal
Y. Exceptions and Reasons Therefore
Z. Arbitrator Training
Rule 28--Medical Malpractice Arbitration
A. Cases for Arbitration
B. Exception to Order of Arbitrators
C. Selection of Arbitrators
D. Manner of Appointment
E. Composition of Board: Disqualification From Appointment
F. Assignment of Cases
G. Hearings: When and Where Held: Notice
H. Inability of Party to Proceed
I. Oath of Arbitrator
J. Default of a Party
K. Conduct of Hearing: General Powers
L. Specific Powers
M. Supervisory Powers of Court
N. Witness Fees
O. Transcript of Testimony
P. Report and Award
Q. Legal Effect of Report and Award: Entry of Judgment
R. Compensation of Arbitrators
S. Time Limit to Amend Pleadings
T. Poverty Affidavit
Rule 31--Mediation
A. Cases for Mediation
B. Referral to Mediation
C. Mediation Conferences
D. Mediation Fees
E. Confidentiality
F. Reporting to Court
Lucas County Court of Common Pleas
Rules of the General Division
Rule 24--Mediation
Rules of the Juvenile Division
Rule 11--Pre-Trial Mediation Conferences
Montgomery County Court of Common Pleas
Civil Rules of Practice and Procedure
Rule 2.35--Compulsory Arbitration
I. Cases for Arbitration
II. Arbitrators
III. Assignment of Cases
IV. Exception to an Order Assigning a Case to Arbitration
V. Hearing: When and Where Held: Notice
VI. Inability of Party to Proceed
VII. Default of a Party
VIII. Supervisory powers of the Court
IX. Witness Fees
X. Transcripts
XI. Report and Award
XII. Appeal
Rules of the Domestic Relations Division
Rule 4.26--Arbitration
A. Request
B. Arbitrator
C. Report and Award
D. Appeals
Local Rules of Court, Stark County Court of Common Pleas
General Division
Rule 16--Arbitration
Sec.:
16.01. Compulsory Arbitration
16.02. Cases for Submission
16.03. Selection of Arbitrators
16.04. Eligible Arbitrators
16.05. Composition of Board: Disqualification
16.06. Assignment of Cases
16.07. Hearings: Where and When Held; Notice
16.08. Inability of Party to Proceed: Continuances
16.09. Default of a Party
16.10. Conduct of Hearing: Powers
16.11. Supervisory Powers of Court
16.12. Witness Fees
16.13. Transcript of Testimony
16.14. Report and Reward
16.15. Legal Effect of Report and Award: Entry of Judgment
16.16. Compensation of Arbitrators
16.17. Right of Appeal
16.18 Notice of Appeal and Costs
16.19. Poverty Affidavit on Appeal
16.20. Return to Active Trial List; Trial De Novo
16.21. Testimony of Arbitrators on Appeal Prohibited
16.22. Exceptions and Reasons Therefor
Summit County Court of Common Pleas
Rules of Practice and Procedure of the Court of Common Pleas
Rule 10--Arbitration
Sec.:
10.01. Arbitration Procedures
10.02. Cases for Submission
10.03. Arbitrators
10.04. Non- disclosure of Offers of Settlement
10.05. Hearings
10.06. Inability of Party to Proceed
10.07. Case Continued Twice- Certified to Court
10.08. Oath of Arbitrators
10.09. Default of a Party
10.10. Conduct of Hearing/ General Powers
10.11. Specific Powers
10.12. Witness Fees
10.13. Transcript of Testimony
10.14. Report and Award- Not a Judgment
10.15. Legal Effect of Report and Award
10.16. Compensation of Arbitrators
10.17. Appeals
10.18. Exceptions
10.19. Time Parameters
Domestic Relations Division
Rule 27--Mediation
27.01. Procedure
27.02. Report
OKLAHOMA COURT RULES AND PROCEDURE 1995
Oklahoma Statutes
Title 12. Civil Procedure
Chapter 11. Trial
Sec.:
572. Causes for challenging jurors
Title 12. Civil Procedure
Chapter 37. Dispute Resolution Act
Sec.:
1801. Purpose of act-Short title
1802. Definitions
1803. Programs for mediation services-Rules and regulations
1803.1. Dispute Resolution Advisory Board
1804. Written consent to dispute resolution proceedings
1805. Confidentiality of proceedings-Disclosure-Civil liability-Waiver of privilege
1806. Tolling statute of limitation
1807. Definitions
1808. Administration of programs
1809. Dispute Resolution Revolving Fund-Collection and disposition of court costs and fees-Transfer of funds
1810. Allocation of funds
1811. Disbursement of funds-Method of reimbursement
1812. Director-Powers and duties
1813. Inspection, examination and audit of centers
Title 43. Marriage and Family
Sec. 109(H). Awarding custody or appointing guardians-Best interest of child-Joint custody
Rules and Procedures for the Dispute Resolution Act
Rule:
1. Purpose
2. Definitions
3. Procedure for application and certification
4. Funding
5. Dispute Resolution Advisory Board
6. Program Procedures
7. Referral
8. Selection of Cases/Initial Interview
9. Preliminary Procedures
10. Rules of conduct for outside parties attending mediation hearing
11. Qualifying as a mediator
12. Mediator Training
13. Reports and evaluation
14. Complaint Procedures
15. Amendment of rules and procedures
Appendix A. Code of professional conduct for mediators
Appendix B. Agreement to Mediate
Appendix C. Confidentiality of Proceedings
Appendix D. Record of Termination
OREGON UNIFORM TRIAL COURT RULES 1994
Chapter 13 Arbitration
Rule:
13.010. Application of Chapter
13.020. Mandatory Arbitration Program
13.030. Arbitration Commission
13.040 Relationship to Court Jurisdiction and Applicable Rules
13.050. Arbitration when Case Already Set for Trial
13.060. Pleadings in Cases not Subject to Arbitration
13.070. Exemption from Arbitration
13.080. Assignment to Arbitrator
13.090. Arbitrators
13.100. Authority of Arbitrators
13.110. Arbitrator''s Oath
13.120. Compensation of Arbitrator
13.130. Restrictions on Communication Between Arbitrator, Parties and Attorneys
13.140. Discovery
13.150. Subpoena
13.160. Scheduling of the Hearing
13.170. Prehearing Statement of Proof
13.180. Conduct of Hearing
13.190. Certain Documents Admissible
13.200. Absence of Party at Hearing
13.210. Form and Content of Award
13.220. Filing of an Award
13.230. Challenge to Award or Denial of Attorney Fees and/or Costs Only
13.240. Judgment on Award
13.250. Request for Trial De Novo
13.260. Procedure at Trial De Novo
13.270. Costs of Trial De Novo
13.280. Trial Docket
13.300. Pretrial Settlement Conferences and Arbitration
PENNSYLVANIA RULES OF COURT 1995
Rules of Civil Procedure
Rule:
218. Party not Ready when Case is Called for Trial
238. Damages for Delay in an Action for Bodily Injury, Death or Property Damage
1007.1 Jury Trial. Demand. Waiver
1020. Pleading More Than One Cause of Action. Alternative Pleading. Failure to Join Bar
1021. Claim for Relief-Determination of Amount in Controversy
1030. New Matter
1301. Scope
1302. List of Arbitrators. Appointment to Board. Oath
1303. Hearing. Notice
1304. Conduct of Hearing. Generally
1305. Conduct of Hearing. Evidence
1306. Award
1307. Award. Docketing. Notice. Lien. Judgment. Molding the Award
1308. Appeal. Arbitrators'' Compensation. Notice
1309. Parties to Appeal
1310. Discontinuance
1311. Procedure on Appeal
1312. Form of Oath, Award and Notice of Entry of Award
1313. Form of Notice of Appeal
1314. Suspension of Acts of Assembly. Abolition of Practice under Repealed Statutes
1351. Form of Writ of Summons
1352. Form of Writ of Summons in Action of Ejectment
1353. Notice of Hearing for Seizure of Property
1354. Form of Writ Seizure
1361. Form of Notice to Plead
1481. Civil Arrest Before Judgment
1561. Property Capable of Proportionate Division. Award
1562. Property not Capable of Proportionate Division. Award
RHODE ISLAND COURT RULES ANNOTATED 1994
Superior Court Rules Governing Arbitration of Civil Actions
Rule:
1. Actions subject to arbitration
2. Arbitrators
3. Arbitration hearings
4. The award
5. Trial
6. The court''s judgment
7. Administration
7.1. Administration and proration of reasonable costs of arbitration pursuant to R.I.G.L. 8-6-5, as amended
7.2. Sanctions
8. Application of rules
SOUTH CAROLINA COURT REGISTER
Rules of Civil Procedure
Rule 76. Arbitration: Automobile Reparation SCRCP-101
SOUTH DAKOTA CODIFIED LAWS
No relevant information found
TENNESSEE RULES OF COURT 1994
Rules of Civil Procedure
Rule 8.03 Affirmative Defenses
TEXAS RULES OF COURT 1994
Rules of Civil Procedure
Rule 94. Affirmative Defenses
UTAH COURT RULES ANNOTATED 1994
No relevant information found
VERMONT COURT RULES ANNOTATED 1984
No relevant information found
VIRGINIA RULES ANNOTATED 1995
No relevant information found
WASHINGTON COURT RULES 1995
Rules of General Application
Rule 1.12 Former Judge, Arbitrator, or Mediator
Superior Court Mandatory Arbitration Rules
Rule:
1.1. Application of Rules
1.2. Matters Subject to Arbitration
1.3. Relationship to Superior Court Jurisdiction and Other Rules
2.1. Transfer to Arbitration
2.2. Court may Determine Arbitrability
2.3. Assignment to Arbitrator
3.1. Qualifications
3.2. Authority of Arbitrators
4.1. Restrictions on Communication Between Arbitrator and Parties
4.2. Discovery
4.3. Subpoena
5.1. Notice of Hearing
5.2. Prehearing Statement of Proof
5.3. Conduct of Hearing-Witnesses-Rules of Evidence
5.4. Absence of Party at Hearing
6.1. Form and Content of Award
6.2. Filing of Award
6.3. Judgment of Award
6.4. Witness Fees and Costs
7.1. Request for Trial De Novo
7.2. Procedure after Request for Trial De Novo
7.3. Costs and Attorney Fees
8.1. Stipulations
8.2. Local Rules
8.3. Effective Date
8.4. Title and Citation
8.5. Status of Comments
Local Rules of the Superior Court for King County
Rule:
4.1. Case Schedule in Dissolution and Modification Cases
16.1. Confirmation of Joinder and Status Conference
61. Dismissal of Actions
94.04. Family Law Proceedings
King County Local Rules for Mandatory Arbitration
Rule:
1.1. Application of Rules-Purpose and Definitions
1.3. Relationship to Superior Court Jurisdiction and Other Rules-Motions
2.1 Transfer to Arbitration
2.3. Assignment to Arbitrator
3.1. Qualifications
3.2. Authority of Arbitrators
4.2. Discovery
4.4. Notice of Settlement
5.1. Notice of Hearing-Time and Place-Continuance
5.2. Prehearing Statement of Proof-Documents Filed With Court
5.3. Conduct of Hearing-Witnesses-Rules of Evidence
6.1. Form and Content of Award
6.2. Filing of Award
6.3. Judgment on Award
7.1. Request for Trial De Novo-Calendar-Jury Demand
7.2. Procedure at Trial
7.3. Costs and Attorney Fees
8.1. Stipulations-Effect on Relief Granted
8.3. Effective Date
8.4. Title and Citation
8.5. Compensation of Arbitrator
8.6. Administration
Local Rules of the Superior Court for Pierce County
Part IV. Mandatory Arbitration Rules (PCLMAR)
I. Scope and Purpose of Rules
1.1. Application of Rules--Purpose and Definition
1.2. Matters Subject to Arbitration
1.3. Relationship to Superior Court Jurisdiction and Other Rules--Motions
II. Transfer to Arbitration and Assignment of Arbitrator
2.1. Transfer to Arbitration
2.2. Court May Determine Arbitrability
2.3. Assignment of Arbitrator
III. Arbitrators
3.1. Qualifications
3.2. Authority of Arbitrators
IV. Procedures After Assignment
4.1. Restrictions on Communications Between Arbitrator and Parties
4.2. Discovery
4.3. Subpoena
V. Hearing
5.1. Notice of Hearing--Time and Place--Continuance
5.2. Prehearing of Proof--Documents Filed With Court
5.3. Conduct of Hearing--Witnesses--Rules of Evidence
5.4 Absence of the Party at Hearing
VI. Award
6.1. Form and Content of Award
6.2. Filing of Award
6.3. Judgment on Award
6.4. Witness Fees and Costs
VII. Trial De Novo
7.1. Request for Trial de Novo--Calendar
7.2. Procedure at Trial
7.3. Costs and Attorney Fees
VIII. General Provisions
8.1. Stipulation--Effect on Relief Granted
8.2. Local Rules
8.3. Effective Date
8.4. Title and Citation
8.5. Compensation of Arbitrator
8.6. Administration
Local Rules for the Superior Court of Snohomish County
Part III. Mandatory Arbitration Rules (SCLMAR)
1. Scope and Purpose of Rules
1.1. Application of Rules--Purpose and Definition
1.2. Matters Subject to Arbitration
1.3. Relationship to Superior Court Jurisdiction and Other Rules--Motions
2. Transfer to Arbitration and Assignment of Arbitrator
2.1. Transfer to Arbitration
2.2. Court May Determine Arbitrability
2.3. Assignment of Arbitrator
3. Arbitrators
3.1. Qualifications
3.2. Authority of Arbitrators
4. Procedure After Assignment
4.2. Discovery
5. Hearing
5.1. Notice of Hearing
5.2. Prehearing of Proof--Documents Filed With Court
5.3. Conduct of Hearing--Witnesses--Rules of Evidence
6. Award
6.1. Form and Content of Award
6.2. Filing of Award
6.3. Judgment on Award
7. Trial De Novo
7.1. Request for Trial de Novo
7.2. Procedure at Trial
7.3. Costs and Attorney Fees
8.. General Provisions
8.1. Stipulation; Effect on Relief Granted
8.4. Title and Citation
8.6. Compensation of Arbitrator
8.7. Administration
Local Rules for the Superior Court of Spokane County
Part II. Local Mandatory Arbitration Rules (LMAR)
1. Scope and Purpose of Rules
1.1. Application of Rules--Purpose and Definition
1.2. Matters Subject to Arbitration
2. Transfer to Arbitration and Assignment of Arbitrator
2.1. Transfer to Arbitration
2.3. Assignment to Arbitrator
3. Arbitrators
3.1. Qualifications
3.2. Authority of Arbitrators
4. Procedures After Assignment
4.2. Discovery
5. Hearing
5.1. Notice of Hearing--Time and Place--Continuance
5.2. Prehearing of Proof--Documents Filed With Court
6. Award
6.1. Form and Content of Award
6.2. Filing of Award
6.3. Judgment on Award
7. Trial De Novo
7.1. Request for Trial de Novo--Calendar
8. General Provisions
8.1. Stipulation--Effect on Relief Granted
8.3. Effective Date
8.4. Title and Citation
8.5. Compensation of Arbitrator
8.6. Administration
WEST VIRGINIA CODE COURT RULES 1995
West Virginia Rules of Civil Procedure for Trial Courts of Record
Rule:
8(c). General Rules of Pleading; Affirmative defenses
Rules of Procedure for Court-Annexed Mediation in the Circuit Courts of West Virginia
Rule:
1. Scope
2. Mediation defined
3. Selection of cases for mediation
4. Listing of mediators
5. Selection of mediator
6. Compensation of mediator
7. Mediator disqualification
8. Provision of preliminary information to the mediator
9. Time frames for conduct mediation
10. Appearances; sanctions
11. Participation
12. Confidentiality of mediation process
13. Immunity
14. Enforceability of settlement agreement
15. Report of mediator
16. Statistical information
Rules of Professional Conduct
Rule:
1.12. Former Judge or Arbitrator
Code of Judicial Conduct
Canon:4.F. A Judge Shall so Conduct the Judge''s Extra-Judicial Activities as to Minimize the Risk of Conflict with Judicial Obligations; Service as Arbitrator or Mediator
WISCONSIN COURT RULES AND PROCEDURE 1995
Municipal Administrative Procedure
Rule:
68.15. Availability of methods of resolving disputes
Actions Affecting the Family
Rule:
767.001. Definitions
767.081. Information from family court commissioner
767.11. Family court counseling services
Arbitration
Rule:
788.01. Arbitration clauses in contracts enforceable
788.015. Agreement to arbitrate real estate transaction disputes
788.02. Stay of action to permit arbitration
788.03. Court order to arbitrate; procedure
788.04. Arbitrators, how chosen
788.05. Court procedure
788.06. Hearings before arbitrators; procedure
788.07. Depositions
788.08. Written awards
788.09. Court confirmation award, time limit
788.10. Vacation of award, rehearing by arbitrators
788.11. Modification of award
788.12. Judgment
788.13. Notice of motion to change award
788.14. Papers filed with motion regarding award; docketing judgment, effect of judgment
788.15. Appeal from order or judgment
788.17. Title of act
788.18. Not retroactive
Procedure in Small Claims Actions
Rule:
799.213. Arbitration actions
Civil Procedure--Pleadings, Motions and Pretrial
Rule:
802.12. Alternative dispute resolution
Court Costs and Fees
Rule:
814.615. Fees for mediation and studies
Evidence--Relevancy and Its Limits
Rule:
904.085. Communications in mediation
WYOMING COURT RULES 1991
Rules of Civil Procedure
Rule:
16(a). Pretrial Conferences
16(c). Subjects to be Discussed at Pretrial Conferences
40. Assignment of Cases for Trial or Alternative Dispute Resolution
Rules of Professional Conduct for Attorneys at Law
Rule:
1.12. Former Judge or Arbitrator
Wyoming Code of Judicial Conduct
Canon:4.E. A Judge Shall so Conduct the Judge''s Extra-Curricular Activities as to Minimize the Risk of Conflict with Judicial Obligation; Service as Arbitrator or Mediator
