Arbitration

450 Hamilton County Courthouse

1000 Main Street

Cincinnati, OH  45202

(513) 946-5950

(513) 946-5940 - Fax

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Description

Conditional Binding Arbitration

Arbitration Panel Guidebook

Arbitration Training

Arbitrator Training

Pursuant to Local Rule 24(Z)(1), anyone interested in serving as an Arbitrator for Hamilton County Common Pleas Court must be a member in good standing with the Ohio Supreme Court and must view an arbitrator training video.  The video, "THE ARBITRATOR'S RULE, is shown the third Monday of every month at 12:00 Noon, at the Cincinnati Bar Association, 225 East Sixth Street, Cincinnati, OH  45202. Special showings can be arranged at the viewer's request.

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Description

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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1. CHECKLIST & GUIDELINES FOR CHAIRPERSON

Adopted October 14, 1980

2. PRIOR TO ARBITRATION HEARING

1. Pick up the file from Arbitration Office.

2. Review contents of file jacket to familiarize yourself with the case and ensure that all pleadings are in order. See what, if anything, is admitted in the pleadings. Specifically, check the following items:

1. No timely motion excepting to the Order placing the case on the arbitration list. Rule 24 (B)(1).

2. No motion excepting to a particular arbitrator. Rule 24 (B)(2).

3. Verify that each party or counsel for that party was notified of hearing date. Rule 24 (G)(1).

4. Verify that there are no pending requests for issuance of subpoenas. Rule 24 (L)(1)(a).

1. Contact by the Chairperson with counsel for any of the parties is the exception rather than the rule. If it is necessary to contact counsel for any of the parties, do so in writing with copies to all counsel, Board members, and the Arbitration Office. The Arbitration Office will arrange any new hearing date.

2. Determine whether the "amount of controversy" has been modified by court order or by agreement of the parties.

3. Arrange for all three arbitrators to arrive at the place of hearing at least 15 minutes prior to the scheduled hearing time so that the two fellow arbitrators may review the file.

4. Review the current rules for Arbitration, particularly Rule 24 (K) dealing with evidence.

1. Discuss general nature of case and any admissions contained in the pleadings.

2. Review Local Rule 24(K) which contains the requirements for receiving evidence.

3. Discuss the procedure for objections. The Chairperson rules upon the objections.  He/she may do so alone, subject to review by the entire Board, or he/she may rule after conferring with one or both Board Members.

4. Discuss any proposed variations in the presentation of the case with Board Members.

5. Discuss questioning by Board Members. While nothing in the local rules prohibits questioning by Board Members, such questioning is discouraged because it can usurp the ability of counsel to present a case in the manner in which he or she wishes.  Occasionally, such questions are objectionable, thereby placing counsel in the position of objecting to a question posed by the very Board who is to decide the propriety of the question.  In addition, the time necessary to conduct the hearing is often increased because counsel must then cross-examine based upon new testimony. However, the arbitrators may ask questions needed to clarify in an understandable way material facts which have already been brought out by counsel for either side, using proper discretion and being particularly careful not to usurp the functions of trial counsel. It is the function of counsel, not the Arbitration Board, to present evidence and advocate the positions of their respective clients.

3. ARBITRATION HEARING

1. Conduct

Although strict conformity to the legal rules of evidence is not necessary, a certain formality in the proceedings is encouraged because this may be the litigants only experience with the judicial process:

1. No smoking, eating or drinking should be permitted during the hearing.

2. All individuals should be addressed as Mr./Mrs./Ms. etc….

3. Recesses may be taken either sua sponte or upon motion.

B. Introductory Remarks

Read the introductory statement, attached as Appendix A, which covers:

1. Brief explanation of arbitration procedure.

2. Introduction of Board Members.

3. Format for hearing.

4. Procedures for hearing.

5. Swearing of Board Members.

6. Swearing of witnesses.

C. Evidence Log

Maintain an evidence log for all exhibits which shows the exhibit number, whether offered, and whether admitted. Attach exhibit stickers provided by the Arbitration Office.

D. Hearing Format

Make it clear to counsel for all parties what changes you are making if you do not intend to follow the standard hearing procedure. The following procedure is recommended for a simple two party case:

1. Opening statement by Plaintiff (if desired).

2. Opening statement by Defendant (if desired).

3. Presentation of Plaintiff’s case (direct examination, cross-examination, redirect examination and re-cross-examination).

4. Presentation of Defendant’s case (direct examination, cross-examination, redirect examination and re-cross –examination).

5. Rebuttal evidence of Plaintiff.

6. Surrebuttal evidence by Defendant.

7. Closing argument by Plaintiff.

8. Closing argument by Defendant.

9. Reply argument by Plaintiff.

3. SUBSEQUENT TO ARBITRATION HEARING

1. Preparation of Report and Award

1. See Rule 24 (P).

2. Examples of wording of Award:

1. Where one Plaintiff and one Defendant: "For the Plaintiff in the sum of $___________at Defendant’s costs" or "For the Defendant at Plaintiff’s costs."

2. Where one Plaintiff and one Defendant and Defendant has filed a counterclaim "For Plaintiff in the sum of $_________ and costs on his complaint, and for Plaintiff on Defendant’s counterclaim or "For Defendant on Plaintiff’s complaint, and for Defendant in the sum of $___________ and costs on his counterclaim."

3. Where multiple Plaintiffs and Defendants "For Plaintiff #1 in the sum of $__________ and costs against Defendant #1. For Defendant #1 against Plaintiff #2. For Defendant #2 against Plaintiff #1 and Plaintiff #2."

1. Make sure that each claim by each party is decided in the Award!

1. File and Evidence

Return file and exhibits to Arbitration Commissioner together with the original copy of the Report and Award as soon as possible, but not later then thirty (30) days after the date of the hearing. If there might be any confusion about which party offered which evidence, separate them by counsel. Then, label and attach the exhibit stickers provided by the Arbitration Office.

2. Report and Award

Be sure to mail a copy of the Report and Award to each party, or his or her counsel, on the same day that you file the Report and Award with the Arbitration Commissioner. If you choose, the Arbitration Office will mail the Report and Award to the appropriate people for you.

Before reading the "Opening Remarks" which follow, ask one of the trial counsel to administer the following oath of office to the entire Board: "Do you solemnly swear to hear and decide the assigned case fairly and impartially according to the Constitution and the laws of the State of Ohio?"

1. Under Rule 24 (a) of the Rules of Local Practice of the Court of Common Pleas of Hamilton County, Ohio, the assigned judge may order cases meeting certain conditions to be heard by a Board of Arbitrators rather than by a judge or jury. Judge ________________, the judge to whom your case was assigned, has ordered that your case be heard by a Board of Arbitrators.

2. A Board of Arbitrators is an arm of the Court, and is composed of three (3) local attorneys. We are the Board appointed to hear your case. On my right is ___________________. On my left is __________________. My name is _________________ and I will serve as Chair. The Board acts as the judge of the facts and the law. It hears all of the evidence, decides all of the issues, and then renders a decision, just as would occur in the courtroom of Judge ____________.

3. The parties, their counsel and all witnesses are to conduct themselves as they would in a court of law. We will follow the usual format of opening statements, presentation of evidence, and closing arguments (or explain any changes).

4. Once all evidence has been received and your attorneys have made their final arguments, we will make our decision and so advise your attorneys by a written report and award within 30 days from the close of the hearing. (Repeat this at the conclusion of the hearing).

5. I will now administer the following oath to each and every witness who will testify in the case. (As a time saving device, all witnesses can be sworn at the same time). Oath: "Do you swear and affirm that the testimony which you are about to give in the case of ___________ vs ___________ will be the truth and nothing but the truth?

6. Is counsel for Plaintiff(s) ready?

7. Is counsel for Defendant(s) ready?

8. You may proceed.