Filing of award. The arbitrator issues the award either orally at the end of the hearing or in writing within five days of the hearing. The arbitrator's award is communicated only to the parties and is not included in the court file. De novo request. Unless the case settles, the action returns to the court's normal trial calendar.
Litigants incur no fees or sanctions for rejecting the arbitrator's nonbinding award.
At the trial of the action, no evidence of the arbitration proceeding or result is admissible. All proceedings, including any statements made by any party, are protected and may not be reported, recorded, placed in evidence, made known to the trial court or jury, or construed for any purpose as an admission. No party is bound by anything done or said in the arbitration proceeding unless a settlement is reached. The magistrate judge assigned to the case may obtain the results of the arbitration hearing from the parties or the arbitrator for use in settlement discussions. The arbitrator may also discuss the case with the referring magistrate judge to facilitate settlement.