Cases may be referred to arbitration at any time if the parties consent. Referrals generally occur at the initial case management conference. If a motion to dismiss or join parties is pending, the referral to arbitration is delayed until the motion is decided. Discovery and motions. Parties have 120 days to complete discovery unless the referral order issued by the assigned judge grants more or less time.
Arbitration is suspended if a dispositive motion is filed.
All time frames set by the court's referral order are monitored by the court. The plaintiff's attorney sends the arbitrator copies of all pleadings when the arbitrator is appointed. At least ten days before the arbitration hearing, each attorney sends the arbitrator and the opposing party copies of all exhibits that will be used at the hearing. The arbitration clerk sets the date of the hearing, which is held in a courtroom and takes place within six months of the arbitration referral order. Length of hearing.