Mediation Arbitration Case Evaluation

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David F. Babik, Esq.
(508) 650-6161
David@CaseClosedADR.com









(Effective 1/1/06)
1. Application of Rules
The following rules shall govern all mediations, arbitrations and related procedures, administered by "Case Closed, Babik Dispute Resolution Services" (herein referred to as "Case Closed").
 
2. Amendment of Rules
The parties involved in an ADR procedure are free to amend these rules, in writing, within the limits of the laws of the jurisdiction.
 
3. Case Submission
A case may be submitted to "Case Closed" either by mail, fax, phone, or in person. A case submission may be made unilaterally or jointly. There is no requirement that a neutral be selected at the point of submission and "Case Closed" may be asked to aid in the process of selecting a neutral. In the event that a case submission is made unilaterally, no arbitrator or mediator shall be appointed without agreement of the parties, or their agents, unless the parties jointly direct "Case Closed" to make such an appointment. No ADR procedure will be scheduled without approval by the parties involved, or their agents, as to date, time and location.
 
4. Interpreters
Any party wishing the assistance of an interpreter may arrange for such services directly and will bear all costs of such. Costs of an interpreter may be equally divided by the parties by mutual agreement or by order of an arbitrator.
 
5. Procedures for Arbitration
a. Pre-hearing Conference/Conference Call
    By mutual request of the parties, Case Closed may arrange for a "pre-hearing conference" or "conference call" with the Arbitrator and the parties or their representatives to discuss any matters relating to the arbitration. Such matters may include, but are not limited to, scope of the award; stipulations; scheduling of site visits; lists of witnesses and discovery issues.
 
b. Discovery; Arbitrator's Powers
    (1) An arbitrator may cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence.
   
    (2) An arbitrator shall have the power to administer oaths.
   
    (3) On application of a party and for use as evidence, the arbitrator may permit a deposition to be taken of a witness who can not be subpoenaed or is unable to attend the hearing. The arbitrator shall decide on the manner and upon the terms of such deposition.
 
c. Hearing
    Unless otherwise modified by written agreement of the parties:

(1) The arbitrator shall have full authority to decide all procedural and substantive issues that may arise in an arbitration proceeding.

(2) All parties to the arbitration shall have the right to be represented by an attorney at the hearing.

(3) The parties to arbitration shall have the right to be heard, to present evidence, material to the controversy and to cross examine witnesses appearing at the hearing.
 
d. Arbitration Award
    (1) The arbitrator's award shall be in writing and signed by the arbitrator.

(2) Case Closed will make all reasonable efforts to ensure that the award shall be issued in a timely manner. As a general rule, arbitration awards are issued within ten business days of the hearing, absent unusual circumstances.

(3) Arbitration awards may be delivered by certified mail, regular mail, or facsimile. Absent a request by one of the parties, a facsimile transmission will be deemed an acceptable form of delivery.
 
e. Clarification of an Award
    (1) A request may be made for clarification of an arbitration award by either party within ten business days of the issuance of such award.

(2) A party requesting a clarification shall bear any costs associated with such and shall notify the opposing side of the request.

(3) The issuance of a written clarification is at the sole discretion of the arbitrator.
 
f. Correction/ Modification of an Award
    (1) A request may be made by either party for a modification or correction of an award within thirty days of delivery of such award, based on the following situations:
(a) There was an evident miscalculation of figures on the award itself or an evident mistake in the description of a person, thing, or property referred to in the award, or

(b) The arbitrator has ruled on a matter outside the scope of the arbitration and the award may be modified without affecting the merits of the decision upon the issues submitted, or

(c) The form of the written award is incorrect and can be corrected without affecting the merits of the ruling in any way.
    (2) The granting of a request for modification or correction, that is opposed by a party to arbitration, shall be at the sole discretion of the arbitrator.
 
g. Vacation of an Award
    Any efforts to change or vacate an arbitration award, other than those
outlined in "Case Closed" rules 5 (e and f), shall be governed by
ALM GL Ch. 251, 12, §18.
 
6. Procedures for Mediation
a. Mediation is a process that allows parties to reach an agreement to resolve a dispute that is mutually agreed upon, therefore, the mediator has no authority to decide the merits of a controversy.
     
b. Mediation is a non-binding process that will only be binding on the parties if a written settlement agreement is reached.
     
c. In a mediation process, all sides present their positions in a joint session with the mediator. Following the joint session, the mediator will separate the parties and meet with them in a series of private sessions, designed to assist in exploring avenues for resolution.
     
d. All discussions in the mediation session will be considered settlement negotiations and all communications made in connection with the mediation process are confidential and are not subject to disclosure in subsequent legal proceedings.
     
e. No party to the mediation may cause a summons to be issued to anyone to disclose what was said or done in the mediation. Any party to a mediation that causes a summons to issue to the mediator, or any officer or employee of Case Closed Babik Dispute Resolution Services shall be liable and shall be held to indemnify said persons for their attorney's fees and other expenses in connection with said summons, including but not limited to, proceedings to quash any summons.
     
f. No party to the mediation may summons records of what was said or done in mediation.
 
7. Expenses
a. Each party to an ADR procedure shall be responsible for any fees and expenses due to Case Closed, according to the applicable fee schedule in effect at the time that a procedure is first scheduled.

b. Any additional expenses incurred for the services of stenographers, interpreters, or video equipment/services shall be paid by the party requesting such services, unless otherwise mutually agreed by the parties, or so ordered by an appointed arbitrator.


Our main office is centrally located in Framingham. Hearings can also be scheduled at any of our satellite locations:


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