Arbitration is one of several types of Alternative Dispute Resolution Programs offered within Hamilton County Common Pleas Court. Local Rule 24 of the Rules of Local Practice defines the set up of Arbitration as it applies to Hamilton County Common Pleas Court civil cases. A civil case filed in Common Pleas Court, where the amount in controversy does not exceed $100,000.00, may be referred to Arbitration by the Assigned Judge via an entry of referral. The majority of the cases referred to arbitration are personal injury and vehicle accident cases. Breach of contract, on account, consumer sales act, and cases referred to as "other civil" make up the rest of the Arbitration Department's caseload.
The Arbitration hearing is conducted, heard and decided by a panel of three (3) attorneys from the community who have agreed to serve as arbitrators. The attorneys are paid a small fee based on the length of time of the hearing. In order to qualify as an arbitrator, attorneys are required to go through a short training program, including viewing a training videotape. The average hearing requires approximately 3.5 hours to complete, including deliberation time.
The panel convenes the hearing in a courtroom type setting. The panel is sworn in by the attorneys for the parties and the witnesses are sworn in by the panel. The hearing is similar to a trial. Parties present opening an closing arguments, witnesses testify, and evidence is presented. After the conclusion of the hearing, the panel has thirty (30) days to make a decision recorded on a form referred to as REPORT & AWARD.
Copies of the REPORT & AWARD are mailed to the parties or their counsel and the original is filed and imaged in the Clerk of Courts Office. The parties are then given thirty (30) additional days to appeal the decision or accept the decision of the panel. If the parties appeal the decision, the case is referred back to the Assigned Judge for a trial de novo.
Arbitration in Hamilton County Common Pleas Court has been in existence for over 25 years. Other private arbitration programs, where the hearing is conducted for a fee, exist in the community. Arbitration is often incorporated into contracts as a method of resolving any potential disputes. Overall, Arbitration is considered a very effective and cost efficient method of resolving disputes.
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