Introduction. It is best for the parties to agree to the rules that apply to an arbitration. In the event the parties do not or cannot agree then the following rules will apply to any arbitration conducted by Judge Ahalt.In the event of any conflict or ambiguity the Neutral will determine the rules. All Arbitrations are conducted in accordance with the Uniform Arbitration Act.Â
Arbitration Fees. The parties shall pay all fees as required by the Arbitration Agreement. The Neutral will determine the necessity and amount of a deposit to cover the expense of the Arbitration, including the arbitratorâ€™s fees and shall render an accounting to the parties and return any unexpended balance at the conclusion of the case.If any unpaid balance remains at the time the Neutral has reached a decision, the decision will not be published until all fees are paid. If any party fails to make payment the opposing party may prepay that parties portion which will be added to any award.
Commencement of an Arbitration. An Arbitration will be commenced by the Claimant filing a Complaint with Judge Ahalt.Â The Claimant will provide the address and email of the Respondent.The Respondent will be promptly notified of the filing of a complaint. Â
Video Hearings. Judge Ahalt shall determine whether hearings shall be conducted in person , by online video or telephonically or a combination of modes after consulting with the parties.
Administrative Conference. Either party or Judge Ahaltl may request an administrative conference. The Conference will be conducted telephonically unless the Neutral determines that a face to face conference is necessary.
Filing Requirements. All parties must file a response to any pleading, filing or request within 15 days of its filing.
Rules of the Arbitration. All parties will have the right to be heard, the right to present evidence and the right to cross examination. Judge Ahalt is not bound by technical rules of evidence. The Parties may engage in such discovery as is agreed. If no agreement exists the Neutral may order reasonable discovery so long as the discovery will not interfere with a prompt resolution of the dispute or be unduly burdensome.
Sanctions. Upon a parties request or upon his own Judge Ahalt may order appropriate sanctions where a party fails to comply with any obligation under these rules, statute or law.
Confidentiality. The parties and Judge Ahaltl shall keep all of the Information provided through the dispute resolution process confidential and will not disclose that information to any other individual without the express written authorization of all parties except for information which is required to be filed when enforcement of an award is required by non compliance.Â Should any party or their agent seek to compel the disclosure of any information by subpoena or other court process then that party shall be responsible for all of the costs of compelling disclosure including reasonable attorneyâ€™s fees of VCH and all other parties.
Immunity. The parties acknowledge that Judge Ahalt is immune from any claim, suit or cause of action concerning any action taken as a Neutral. The parties also agree not to call Judge Ahalt as a witness in any subsequent or collateral proceeding. If any party files a subpoena,Â claim, suit or cause of action against Judge Ahalt or calls Judge Ahalt as a witness then the Neutral and VCH will be entitled to reasonable compensation for time expended as well as reasonable attorneys fees.
Binding Decision and Award. Each party expressly agrees to be bound by the decision and award of Judge Ahalt and not to dispute in any way, at law or otherwise, the decision rendered by the Neutral. An award may include monetary, equitable and injunctive relief. An award may also include a division of attorneys fees and costs of the arbitration as determined by the Neutral. Judgment upon the award rendered by the Neutral may be entered by any court having jurisdiction.
Modification. Either party may apply to Judge Ahalyl to modify or correct an award, provided that said request shall be delivered to Judge Ahalt in writing, no later than 15 days from the rendering of the Neutralâ€™s decision or award. Â If such a request is made, the other party shall respond within 15 days from the date of said request to modify or correct such decision or award.
Payment of Award. The non-prevailing party shall pay to the prevailing party the full amount of Judge Ahaltâ€™s decision and award 30 days from the date of the Neutralâ€™s decision and award and upon expiration of the time provided to request a modification or correction of the award. Should there be any protest to the entry of the Neutralâ€™s award as a judgment against the non-prevailing party which shall be raised by said non-prevailing party, then, and in that event, the prevailing party shall be entitled to judgment for the costs, expenses, including reasonable attorneyâ€™s fees, andÂ statutory post judgment interest associated with the filing of said petition or request.
Records and Evidence. It is the affirmative duty of parties to preserve all pleadings, filings and records. Judge Ahalt will destroy all pleadings, filings and records in order to preserve confidentiality
Last Modified November 11, 2020