| Definition
In a county where an arbitration program is established,
all civil actions for a sum of money only that are set for
trial in a City Court where recovery sought for each case is
$6,000 or less, exclusive of costs or interest, shall be heard
and decided by a panel of arbitrators. The arbitrators shall
also have jurisdiction of any counter-claim or cross-claim
for a sum of money only that has also been filed.
Procedure
The arbitration chairperson shall fix a hearing date and
time, not less than 15 nor more than 30 days after the case
is assigned, and shall give written notice to the members of
the panel and the parties or their counsel at least 10 days
before the date set. The Commissioner may, on good cause shown,
extend for a reasonable period of time within which the hearing
shall be commenced. Such date and time shall not be a Saturday,
Sunday, legal holiday or during evening hours except by agreement
of the panel, parties and counsel. Adjournments may be granted
at the discretion of the chairperson only upon good cause shown.
The arbitration panel shall conduct the hearing with due regard
to the law and established rules of evidence and shall have
the general powers of a court; including subpoenaing of witnesses,
books, papers, documents and other items of evidence; administering
oaths, determining the admissibility of evidence; and deciding
questions of law and facts in the actions submitted to them.
When a party fails to appear at the hearing, the arbitrator(s)
shall nonetheless proceed with the hearing and shall make an
award and decision as may be just and proper under the facts
and circumstances of the action. The default judgment and award
may be vacated and the case restored to the arbitration calendar
only by order of the court upon good cause shown.
Should all parties fail to appear at the hearing, the arbitrator(s)
must file a report dismissing the action. The action may be
restored to the arbitration calendar only by order of the court
upon good cause shown.
Award
The award shall be signed by the panel or arbitrators and
the chairperson shall file a report and the award with the
commissioner within 20 days after the hearing, and mail or
deliver copies to the parties or their attorneys. The original
will be filed with the clerk of the court where the action
was commenced and notification will be made to the parties
of such filing.
Unless a demand is made for a trial de novo by mail within
35 days or the award is vacated, the award shall be final and
judgment shall be entered by the clerk of the court where the
action was commenced, with costs and disbursements in accordance
with the law.
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