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By Erika S. Fine

ADR guide for Judges and attorneys.

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B. Exemption From Mandatory Arbitration. The court may exempt a case from mandatory arbitration if it finds that the case does not fall within the categories set forth in Rule 602(a) or that: 1. the legal issues presented are unusually complex or novel; 2. the legal issues predominate over factual issues; 3. the action includes a material claim for declaratory or injunctive relief; 4. 00; or 5. mandatory arbitration will not likely accomplish the purpose of these rules stated in Rule 601. A party may request exemption by filing with the court a motion for exemption within twenty (20) days after entry of the initial pretrial order, or any other order, which selects the case for arbitration.

Continued Authority of the Court Rule 607. ARBITRATION PROCEDURE a. No Ex Parte Communication b. Prehearing Exchange of Information c. Record d. Subpoenas e. Testimony Under Oath or Affirmation f. Conduct of Hearing g. Evidence h. Conclusion of Hearing i. Sanctions for Failure to Proceed Rule 608. FILING OF PAPERS WITH THE PRIVATE ADJUDICATION CENTER SEMI-BINDING FORUMS Rule 609. ARBITRATION AWARD AND JUDGMENT a. Issuance of Award b. Award Procedure c. Judgment upon Award Rule 610. TRIAL DE NOVO a.

There is no scarcity of lawyers with considerable trial experience volunteering to be mediators. The supply keeps the lawyer from having to perform that function very often. Even so, lawyers like the experience because they are frequently required, as litigators, to present cases to mediation panels. The lawyers' work in preparing for mediation is not extensive. The court rule requires that their presentations to the panel be no more than thirty minutes per side (except in multiparty or unusual cases), and their briefs are not long.

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