Wheeler Supp. L. R. 16 app A
I. Referral to arbitration
When a case is referred to arbitration, a list of four court-annexed arbitrators will be furnished to the parties by the court. The parties are encouraged to stipulate to an arbitrator. In the absence of the stipulation within 14 days after a case is referred to arbitration, an arbitrator shall be chosen in the manner defined below.
II. Appointment of arbitrators
Within 14 days after a list of court-annexed arbitrators is furnished to the parties, each party shall respond to the court by nominating two arbitrators. The parties should indicate which arbitrator is the parties' first choice. The parties need not serve their responses on the other party.
The failure of a party to respond shall be deemed to be a waiver of that party's right to participate in the arbitrator selection process.
A. No response by any party
If no party responds to the court within 14 days, an arbitrator will be appointed by the court from a rotating list. If the next arbitrator on the list is not qualified for the issues presented in a certain case, the arbitrator will be passed and the next qualified arbitrator on the list will be appointed.
B. Response by only one party
If only one party responds and that party nominates arbitrators in order of preference, that party's arbitrator of preference will be appointed.
C. Two adverse and both respond
i) If both parties respond and only one arbitrator is nominated, that shall be considered a stipulation and the arbitrator will be appointed.
ii) If both parties respond and nominate the same arbitrator as their first choice, that shall be considered a stipulation and the arbitrator will be appointed.
iii) If both parties respond and name the same two arbitrators in the same order of preference, that shall be considered a stipulation to the arbitrator of first preference and that arbitrator will be appointed.
iv) If both parties respond, each nominating two arbitrators with only one arbitrator being nominated by both parties, but that arbitrator not receiving the same preference by each party, that arbitrator shall be appointed by the court.
v) If both parties respond and each nominates two arbitrators but no one arbitrator is nominated by both parties, the court shall appoint the arbitrator whose last appointment by the court is the least recent.
D. More than two adverse parties and at least two respond
If there are more than two adverse parties, each party shall nominate one arbitrator. An arbitrator who is nominated by a majority of the parties shall be appointed. If no arbitrator is nominated by a majority of the parties, an arbitrator shall be selected and then appointed by the court in the manner used when no party responds as is described above in paragraph II) A).
III. Payment
The court-annexed arbitrators shall presumptively charge the hourly rate set by the Arbitration Commission/Alternative Dispute Resolution Commission. The presumptively hourly rate and maximum hours shall apply unless the parties and arbitrator agree otherwise. The arbitrator is to be paid by the parties as agreed by the parties or as determined through arbitration.
Wheeler Supp. L. R. 16 app A