Discovery and motions. Discovery is permitted for the period specified in the scheduling order entered by the assigned district or magistrate judge in every case. If timely filed dispositive motions are pending at the time of the arbitration hearing, a party or parties may request that the arbitration hearing be postponed until the motion is decided. Before the arbitration hearing, the clerk sends the arbitrator all the pleadings, and each counsel provides the arbitrator and adverse counsel with copies of all exhibits. Arbitration hearings are held at the courthouse, and logistical arrangements are made by court staff.
Hearings are conducted after discovery and dispositive motion practice is completed.
Length of hearing. Hearings generally last about three hours. Program features Party roles and sanctions. In addition to counsel, all parties, corporate representatives, and any other necessary claims professionals with full settlement authority are required to attend the hearing. Local rules authorize sanctions for noncompliance with arbitration procedures, but noncompliance is exceedingly rare.