Current through Register No. 50, December 12, 2024
Section Inst 702.06 - Non-binding Arbitration Procedure(a) A request for non-binding arbitration shall be made in writing by either party to the board. The arbitration request shall specify the issue or issues in dispute and the relief sought. If both parties agree to arbitration, it shall be used to attempt to resolve the dispute.(b) Once non-binding arbitration is selected, the board shall provide the parties with the name and address of the arbitrator, who has a minimum of 20 hours of arbitration training. The board shall also establish the time and date for the session. The session shall be conducted at the joint board office.(c) At the session, the following shall apply:(1) Each party shall be limited to one hour to present his or her case;(2) Direct examination and cross-examination shall be limited to the parties or their representatives;(3) The arbitrator shall be permitted to ask questions;(4) Formal rules of evidence shall not apply; and(5) If the arbitrator permits closing arguments, each party shall be limited to 5 minutes.(d) Not less than 10 days prior to the session, the parties shall submit to the arbitrator and exchange a summary of the significant aspects of their case. The parties shall attach to the summary copies of all documents on which they rely. Such summaries shall be not more than 4 pages.(e) Upon receipt of an opposing party's submission, the party may send additional information responding to that submission. All such responsive submissions shall be exchanged with the other party and shall contain a statement of compliance with the exchange requirements.(f) Within 5 days after the session, the arbitrator shall file a ruling with the parties and the board. The ruling shall include a brief explanation of the reasons for the arbitrator's conclusion.N.H. Admin. Code § Inst 702.06
#8494, eff 12-24-05; ss by #10115, eff 4-14-12