Procedural Rules & Guidelines
Mandatory Requirement: With each request for arbitration, please submit the full names of all Claimants and participating law firms to initiate a conflict check.
- Jurisdictional Limit: The Parties stipulate that the matter is submitted as a limited jurisdiction proceeding, and the total recovery available to Claimant shall not exceed $35,000.
- Written Agreement: The parties must formally consent to binding arbitration by executing the Binding Arbitration Agreement.
- Appointment of Neutral: The Parties agree to appoint attorney Arnold Hernandez as the sole neutral Arbitrator in this matter.
- Documents-Only Hearing: Proceedings shall be conducted strictly based upon the written arguments and documentary evidence submitted by the Parties. No live testimony or oral arguments will be presented unless explicitly requested by the Arbitrator.
- Briefing & Page Limits: The parties shall serve and submit their Arbitration Brief, medical records, billing statements, declarations, and supporting evidence within thirty (30) calendar days of executing this Agreement. The arbitration brief shall not exceed 20 pages, and supporting exhibits shall not exceed 80 pages. Typography must be no smaller than 10-point font. Page limits apply universally regardless of the number of claimants.
- Claimant's Reply: Claimant may serve and submit a concise written reply within five (5) calendar days following receipt of Respondent's opposition, at which point the matter will be deemed submitted. The reply shall not contain new supporting exhibits. Replies submitted after the 5-day window will not be accepted.
- Admissibility of Evidence: Strict rules of evidence do not apply. Reflecting the spirit of California Rules of Court, Rule 3.823, the Arbitrator shall liberally admit and consider relevant medical records, itemized billing statements, police reports, and witness declarations without requiring formal foundational testimony.
- Arbitrator Fee: To ensure a cost-effective resolution, the Parties agree to a flat-fee structure. Each side shall remit a flat fee of $950 directly to the Arbitrator or designated management entity upon execution of this Agreement and prior to briefing submission.
- CCP § 998 Offers: To be effective under this Agreement, offers pursuant to California Code of Civil Procedure Section 998 must be served no later than fifteen (15) calendar days following the execution of this agreement. Recoverable costs awarded to a prevailing party under CCP § 998 include, but are not limited to, the $950.00 arbitration flat fee and reasonable expert witness fees incurred for the proceeding.
- Cost Memorandum: The prevailing party shall have five (5) calendar days to submit proof of service of the Section 998 offer and a Memorandum of Costs to the Arbitrator. If no memorandum is submitted, the interim award becomes final upon expiration of the 5-day period.
- Policy Limits Disclosure: Policy limits shall not be disclosed within the arbitration briefs. Parties may disclose policy limits only after the interim award has been issued. Should the awarded amount exceed policy limits, the Arbitrator shall issue a final award capped at the applicable policy limit.
- Binding Award: The decision and award rendered by the Arbitrator shall be final, conclusive, and legally binding upon all Parties.
- Execution in Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together constitute one instrument. Electronic, facsimile, and scanned signatures carry the same legal force and effect as original signatures.
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