Personal Injury Rules

Personal Injury Rules (Adobe® Acrobat Required, get it here)

1. Applicability of Rules

The parties to a dispute shall be deemed to have made these Personal Injury Arbitration Rules a part of their arbitration agreement and shall be legally bound to comply with these Rules whenever they have provided for arbitration by United States Arbitration & Mediation Midwest, Inc. (hereafter “USA&M”). These Rules and any amendments or modifications thereof shall apply in the form existing at the time arbitration is initiated, and shall be considered in conjunction with, and not in lieu of, any applicable statutory arbitration provisions. To compute time periods for deadline purposes, utilize the format provided in Rule 5(i.). Notwithstanding the foregoing, any procedure, rule of decision, or other arbitration clause specifically agreed to by the parties in their contract for arbitration shall govern over and supersede any contrary provision of these USAM rules.

2. Initiating Arbitration by Mutual Agreement

To file for voluntary arbitration with USA&M, one or more parties to a dispute should contact USA&M with the names and addresses of all parties and a brief description of the dispute. Each party will then be sent explanatory materials and preliminary documents. Written confirmation of the agreement to arbitrate must be submitted to initiate the arbitration process, along with payment of the filing fee required by the then prevailing USA&M Arbitration Fee Schedule.

3. Initiating Arbitration by Contract Clause

• A party wishing to initiate arbitration pursuant to a contract clause (hereafter the “Claimant”) must file an original of the Claim with USA&M, together with the appropriate filing fee required by the then prevailing USA&M Arbitration Fee Schedule. The Claim must include a description of the dispute, the specific relief sought, the address, telephone and fax numbers of the Claimant or representative, and a copy of all supporting documents, including the underlying arbitration clause. Parties may stipulate to the use of USA&M, and its Arbitration Rules even if other arbitration services or rules are referenced in their contract. Faxed or electronic filing of Claims is not permitted.
• USA&M will confirm receipt of the Claim to the Claimant after assigning a case number to the Claim. The claimant must then serve notice and a copy of the Claim, as required by law, to the other party(ies) (hereafter “Respondent”). USA&M is not responsible for providing legal notice of a claim to the parties involved in arbitration.
• Claimant must file an affidavit of service within ten (10) days of serving each Respondent with a copy of the Claim. Each Respondent shall file an Answer to the Claim describing its defenses within twenty (20) days after receipt of service of the Claim, along with the address, telephone and fax number of each Respondent or representative. Faxed or electronic filing of Answers is not permitted.
• A Counterclaim describing the dispute and relief sought may be filed by a Respondent(s) if filed and served on the Claimant within the time for filing Respondent(s)’ Answer and if Respondent(s) remits the appropriate filing fee. Faxed or electronic filing of Counterclaims is not permitted.
• Arbitration will not be deemed initiated without payment of the required filing fee set forth in the then prevailing USA&M Arbitration Fee Schedule.

4. Expedited Hearing Option

By contract clause or upon written agreement of the parties to utilize the expedited procedures set forth in this Rule, USA&M will administer the arbitration process as follows and in lieu of Rules 3, 6, 7, 12, and 16, which shall not apply to this expedited process:

• Parties wishing to submit a claim and initiate the expedited hearing process must file: their written agreement to proceed under this Rule, the names, addresses and telephone numbers of all participants or their representatives, a brief description of the dispute and appropriate filing fees required by the then prevailing USA&M Arbitration Fee Schedule and in accordance with Rule 4(d). The hearing date must be stipulated at the time of claim submission.
• Hearings must be conducted within forty-five (45) days of case submission. Default awards may be entered in accordance with Rule 15.
• The arbitrator may be appointed by agreement of the parties if available on the stipulated hearing date. If a requested arbitrator is unavailable on the stipulated hearing date, an arbitrator will be appointed by USA&M. No rescheduling of the hearing date is permissible without the consent of the arbitrator. Such consent shall be provided in emergency situations only. Cases withdrawn from the expedited hearing process after scheduling confirmation shall be subject to a minimum four (4) hour arbitration compensation plus the applicable administrative fees and costs.
• Each party shall prepay a minimum four (4) hour arbitration compensation plus any applicable administrative fee at the time of case submission. The arbitration administrator shall determine the amount of the prepayment to be made. Cases will not be accepted for expedited hearings until the required fees have been received from all parties. Any supplemental fees will be due prior to issuance of the arbitrator’s award.
• Discovery shall be limited to exhibits, documents or experts to be presented at hearing or as may be ordered by the arbitrator. Discovery shall be completed at least fourteen (14) days prior to the hearing date.
• Submission of fifteen (15) page maximum briefs (excluding exhibits) shall occur at least seven (7) days prior to the hearing date. Objections to exhibits shall be filed at least three (3) days prior to the hearing date.
• The arbitrator’s Award will be issued by facsimile within seven (7) days of the hearing. A copy of the decision will also be provided thereafter by U.S. Mail.

5. Conduct of Proceedings

• USA&M will provide parties with administrative services prior to and during the arbitration process. This includes, but is not limited to, providing a method of selecting an arbitrator or arbitrators, determining and collecting appropriate fees, communicating information and coordinating documents between parties and the arbitrator(s), and providing scheduling assistance. Thereafter, the case is given to the arbitrator, who conducts the arbitration and renders an award.
• Formal hearings are discretionary. The parties may stipulate in writing that the claim is to be decided by written submissions to the Arbitrator provided all parties have submitted the appropriate fees required by the then prevailing USA&M Arbitration Fee Schedule. The arbitrator will thereafter issue an award based on the pleadings and evidence submitted. In the absence of a written stipulation to utilize written submissions only, a hearing must be held.
• Upon receipt of a case, the arbitrator has broad authority to conduct the arbitration process in any manner deemed reasonable to reach a just determination. This includes the authority to resolve pre-hearing matters, order a party to answer reasonable written questions, testify under oath, or produce documents prior to the hearing. Limits on arbitrator authority must be agreed to in writing prior to initiating the arbitration process. Such limits may include restrictions on the arbitrator’s authority to award equitable or other relief, so long as such restrictions are allowable by statute or case law in the applicable jurisdiction. The arbitrator has the authority to settle all points of controversy in the dispute and award appropriate relief after hearing the evidence and applying the law to the applicable facts. Judgment may be entered on the award.
• USA&M reserves the right to refuse to administer any case and shall not be required to disclose the reasons for any such refusal.
• All arbitration proceedings are confidential to the extent allowed by law. If all parties agree, a record of the proceeding can be made, or if the arbitrator so orders, on motion of one of the parties. Any party requesting a record of the proceeding shall be responsible for the cost of the record.
• Unless otherwise agreed in writing prior to the hearing, all pleadings, correspondence or documents submitted to or produced by USA&M or the arbitrator become the property of USA&M and shall not be subject to release or duplication. Electronic or faxed submission of briefs or other evidentiary pleadings may be permitted by the arbitration administrator on a case by case basis.
• The hearing will be held in the place designated in the parties arbitration agreement. If that agreement is silent as to the place of the hearing, any party may request a site for the hearing. If no other party objects within twenty (20) days of the filing of the request, the hearing will be held at the site requested. The USA&M arbitration administrator shall resolve all disputes relating to the location of the hearing and may determine the location in the absence of a request.
• Parties will be required to sign an Arbitration Contract prior to the start of the hearing which confirms acceptance of the USA&M Personal Injury Arbitration Rules and responsibility for arbitrator and administrative hearing costs.
• In computing any period of time prescribed or allowed by these Rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in the Rules, “legal holiday” includes New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or by the state of Missouri.

6. Mediation Option or Waiver

Parties requesting arbitration services may be given the option by the arbitration administrator to participate in a pre-hearing mediation session or settlement conference, at the discretion of the arbitration administrator, if no such settlement effort has previously occurred. Parties may request a waiver of any proposed mediation session upon a showing that settlement efforts would be unproductive.

7. Selection of Arbitrators

If an arbitrator selection process is not specifically addressed in the parties’ contract or agreement, the following will apply. Arbitrators are to be from the local area or broader geographic region if a practice specialization is required. Unless the parties agree otherwise, only one arbitrator is to be assigned to each case. The parties are to be sent a strike list of arbitrators (at least twice as many as the number of parties plus one and subject to a minimum of five) from which they make their selection. Parties are urged to agree to a particular arbitrator but if they are unable to agree, each party may cross off a maximum of two names on the list and rank the remaining names in order of preference. The arbitration administrator will then choose the arbitrator based on the remaining names. Ties in ranking are resolved by the arbitration administrator.

• If a three member panel of arbitrators is called for in the parties’ contract or agreement and no process of selection is specified, the parties shall select arbitrators from an expanded list provided by USA&M. USA&M will then select three mutually acceptable arbitrators based on the parties’ selection. USA&M will designate, in its discretion, which arbitrator will chair the panel. The decision of the arbitrators shall be based on a majority vote.
• The strike lists of arbitrators to be sent to the parties are to be compiled by the arbitration administrator. The arbitration administrator may impose a time limit for the parties to return the strike list, and, if a party fails to comply with the time limit, that party will be deemed to have no preference among the arbitrators on the list.
• USA&M shall determine whether an arbitrator should be disqualified from further service upon the filing of an objection by a party.

8. Qualifications of Arbitrators and Exclusion from Liability

• No person shall serve as an arbitrator in any dispute in which that person has any financial or personal interest in the result of the arbitration. Prior to accepting an appointment, the prospective arbitrator shall disclose to the arbitration administrator any circumstances likely to create a presumption of bias or interest in the outcome of the proceedings, or to prevent a prompt hearing with the parties.
• Arbitrators are independent contractors and not agents or employees of USA&M. Arbitrators may decline an arbitration appointment without cause and may remove their names from the USA&M panel or change the information thereon at any time.
• Arbitrators and arbitration administrators are entitled to a qualified good faith immunity from suit.

9. The Amount and Collection of Fees

• Each party who files a claim or counterclaim will pay USA&M administrative fees for its services as set forth in the then prevailing USA&M Arbitration Fee Schedule. The Claimant will pay this fee upon the filing of its Claim. The Respondent(s) will pay this fee upon the filing of any Counterclaim or other response.
• Arbitrators charge for their time on an hourly basis and each arbitrator designates his or her hourly fee. Arbitrators are entitled to compensation for any time they spend on a case, including, but not limited to, time for such activities as the resolution of pre-hearing disputes, arbitration hearing, legal research, travel, and deliberation. Arbitrators are also entitled to compensation for any extraordinary costs they incur, such as telephone or travel expenses. A portion of the Arbitrator’s hourly fee will be retained by USA&M as part of its administrative fee.
• Prior to service by an arbitrator, USA&M estimates the amount of arbitrator time involved in a case. Both the administrative fees and the estimated arbitrator’s fee are collected by USA&M prior to any service by the arbitrator. Failure by any party to pre-pay these fees will constitute a failure to proceed pursuant to Rule 14 and may result in the entry of a default award pursuant to Rule 15 or postponement or cancellation of the arbitration proceedings, at the discretion of the arbitration administrator.
• At the conclusion of the arbitration proceedings, the arbitrator executes a Time & Cost Affidavit setting forth how much arbitrator time was involved in the proceedings plus any extraordinary costs. The total number of hours actually spent on the case by the arbitrator multiplied by the arbitrator’s hourly fee determines the actual fee to be charged for the arbitrator. If the amount of time actually spent is less than the estimated time, the excess fees on deposit will be refunded to the parties. If the amount of time actually spent is more than the estimated time, the parties will be required to pay USA&M any extra fees due prior to the issuance of the award.
• Unless the parties agree or the court order indicates otherwise, when a case is submitted to arbitration by court order or by agreement of the parties, and there is no underlying arbitration clause in a contract, each party is responsible for paying his or her proportionate share of the USA&M administrative fees and estimated arbitrator fees, with the arbitrator having the authority to assess as part of the award and against any party, all or part of the total fees of the arbitration proceeding. If the hearing costs are included as part of the arbitration award, the party against whom fees are assessed will be responsible for paying the assessment to USA&M or to the other party, as determined by USA&M.
• Unless the parties agree or insurance policy dictates otherwise, when an arbitration is initiated under an arbitration clause in a UM/UIM insurance policy, the insurance company is responsible for the total fees and costs of the arbitration, with the arbitrator having the authority to assess as part of the award, all or part of the total costs and fees of the arbitration proceeding against any party. However, if the non-initiating party also asks for affirmative relief of any kind the parties are to share the fees and costs of the arbitration, with the arbitrator having the authority to assess as part of the award, all or part of the total fees of the arbitration proceeding against any party.
• If for any reason the parties do not proceed to arbitration after initiating a case into arbitration, USA&M remains entitled to its entire administrative fees and any applicable late cancellation fee. Arbitrators are entitled to fees for any time they have spent on the case.
• For minor disputes, arbitrators may be available on a pro bono or reduced fee basis. In such cases, USA&M may reduce its administrative fees as appropriate.

10. Determination of Length of Hearing

• Based on documentation received and any conversations with the parties, the arbitrator determines the approximate length of the arbitration hearing. The time necessary to consider extraordinary documentation or any other time-consuming circumstances shall be a part of the arbitration administrator’s determination.
• Requests for hearings include an acceptance of the USA&M arbitration cancellation policy as set forth in the then prevailing USA&M Arbitration Fee Schedule and case scheduling information. The estimated length of the hearing is used as the basis for determining any late cancellation fee which may be applicable. Objections to the estimated length of the hearing and associated costs must be raised prior to the cancellation deadline.

11. Communication with Arbitrator

• No party shall have any other communication with the arbitrator regarding any issue related to the arbitration except at conferences or hearings. Any direct communication from the parties for the arbitrator must be directed to the arbitration administrator for delivery to the arbitrator.
• By agreement of the parties, initial inquiries regarding the arbitrator’s willingness to serve as an arbitrator or availability on a specific date may be directed to USA&M or to the arbitrator directly, as appropriate.

12. Discovery

• Where the parties’ arbitration clause or agreement is silent as to discovery, following the appointment of the arbitrator, parties may engage in discovery deemed reasonably necessary, including production of documents and identification of witnesses. Unless the arbitrator orders otherwise, no additional discovery shall be authorized. In determining when additional discovery is reasonably necessary, the arbitrator shall consider the nature of the case, amount in controversy, and balance between the benefits of discovery and its burden and expense.
• Attorneys of record for the parties may issue subpoena to require attendance for deposition or production of documents or tangible evidence.
• The parties will act in good faith in the exchange of discovery. Parties will voluntarily exchange all non-privileged documents and information relevant to the dispute.
• In the absence of an alternative written stipulation or USA&M case schedule provisions, the following discovery timetable will apply:
  • Witnesses shall be disclosed at least thirty (30) days prior to the hearing date;
  • Documents and exhibits to be utilized at the hearing must be exchanged and submitted at least fourteen (14) days prior to the hearing date;
  • Objections to the use of any documents or exhibits must be filed with USA&M and served on the other parties at least seven (7) days prior to the hearing date.
• The arbitrator will decide all discovery disputes.

13. Admissability of Evidence

• Relevant documents, including affidavits in lieu of live testimony, which are submitted to the arbitrator and served on all parties at least fourteen (14) days prior to the arbitration hearing (or in accordance with the applicable case schedule) shall be presumed admissible unless objection is timely filed in accordance with Rule 12 (d)(iii) or the applicable case schedule. This rule expressly supersedes restrictions on the use of affidavits in lieu of live testimony which may exist in the claimant’s UM/UIM insurance policy.
• This Rule does not restrict argument or proof concerning the weight of the evidence admitted, nor does it restrict the arbitrator’s authority to evaluate the evidence.

14. Failure to Proceed

• Whenever an arbitration clause, an arbitration contract, or these Rules call for a party to proceed with arbitration, a party shall be deemed to have failed to proceed with arbitration when:
  • The party repeatedly fails to respond to communications from USA&M
  • The party fails to proceed to the next step of arbitration after being properly informed to so proceed;
  • The party fails to comply with an arbitrator’s order; or
  • The party otherwise indicates an intent not to proceed.
• The arbitration administrator, at his or her sole discretion, will determine when a party has failed to proceed.

15. Default

An arbitration award shall not be made solely on the default of a party. Such an award may be made in the absence of a party upon a proper showing by the other party(ies).

16. Internal Appeal

• The Internal Appeal Rule does not apply unless the parties specifically have agreed in writing to use it. To use the Internal Appeal procedure, the parties must agree in writing that the Internal Appeal Rule shall apply. Unless the parties agree otherwise, the provisions of the Internal Appeal Rule apply only to arbitrations involving an award by a single arbitrator. If the Internal Appeal Rule applies to a case, parties must use the procedure rather than challenging the original arbitration award in court.
• A party may appeal the award of an arbitrator and obtain a new hearing before a three member panel of arbitrators by doing the following:
  • USA&M must receive, within ten (10) days of the receipt of the award by the appealing party, a written document that includes the name and number of the case and a statement that the party wishes to appeal from the award. Payment of additional administrative fees shall be required to cover the costs of administering the appeal.
  • The appealing party is responsible for all arbitrator fees and costs involved in the appeal proceedings. After arbitrators are selected in accordance with these Rules, the appealing party must promptly pay all fees and costs.
  • The appealing party must proceed in a timely manner.
  • Upon compliance with the above requirements, enforcement of the single arbitrator’s award is stayed, pending completion of the three member arbitration. Upon the rendering of an award by the three member panel of arbitrators, the single arbitrator’s award is rescinded and the new award supersedes and voids the decision of the single arbitrator.
• The hearing before the three member panel of arbitrators shall be a completely new hearing and parties are not bound by their presentations at the single arbitrator hearing. The award of the single arbitrator and any explanatory documents written by the single arbitrator may not be used as evidence and shall not be considered by the three member panel of arbitrators in reaching their decision on the issues in dispute. The single arbitrator’s award will be considered by the three member panel of arbitrators only for the following purposes:
  • If the relief sought by the appealing party is not awarded on appeal, the arbitrators may award the non-appealing party(ies) compensatory costs for the appellate arbitration proceedings. Such costs may include compensation for attorneys’ fees and costs for the time between the first and second award. If the relief sought by the appealing party is awarded on appeal, the arbitrators may apportion the costs of the arbitration proceedings between the parties as the arbitrators deem appropriate.

17. High-Low Agreement

The parties may, as part of their contract to arbitrate, enter into a High-Low Agreement.

• The language of the High-Low Agreement may be part of the parties’ contract to arbitrate or may be contained in a supplement to the original contract to arbitrate. USA&M can provide parties with a special High-Low Agreement form that can be completed and signed in accordance with the parties’ agreement.
• In the event that the amount of the arbitrator’s award is below the low figure of the parties’ high-low agreement, the parties stipulate that they will accept the low figure in lieu of the amount of the award. In the event that the amount of the arbitrator’s award is above the high figure of the parties’ high-low agreement, the parties stipulate that they will accept the high figure in lieu of the amount of the award.
• The terms of the high-low agreement may or may not be disclosed to the arbitrator(s) prior to the award, depending on the agreement of the parties. If the parties do not agree as to whether the high-low terms should be disclosed to the arbitrator(s), the arbitration administrator shall not disclose the high-low amounts to the arbitrator. If the parties agree that the high-low agreement should not be disclosed to the arbitrator prior to the award and it is disclosed, inadvertently or otherwise, to the arbitrator(s) prior to or at the arbitration, the non-disclosing party has the right to request that the arbitration be re-scheduled with a different arbitrator. In the event the disclosure occurs during the arbitration, the non-disclosing party is entitled, upon immediate request, to a hearing de novo before a different arbitrator. In either instance, the USA&M Personal Injury Arbitration Rules shall govern the new arbitrator’s selection. The disclosing party shall be responsible for any additional attorneys’ fees and other expenses incurred by the non-disclosing party(ies) as a result of the disclosure. After the final arbitrator has rendered an award, evidence of such fees and expenses shall be presented to the arbitrator in the form of affidavits from all parties, and the arbitrator shall render a separate award on that issue.

18. Agreement Settlement Award

If the parties settle their dispute during the course of the arbitration, the parties may request and the arbitrator may set forth the agreed settlement in an award.

19. Waiver or Rules or Applicable Laws

Any party who proceeds with the arbitration after knowledge that any provision or requirement of these Rules or any applicable laws have not been complied with, and who fails to state objection thereto in writing, shall be deemed to have waived the right to object.

20. Rules May be Amended or Modified

These Rules may be amended or modified by USA&M at any time without notice.

21. Award

• All arbitration awards shall be made in writing.
• Unless the parties agree otherwise, arbitrators are not required to provide written opinions or explanations with their awards.
• The timing and scope of the award will be governed by the parties’ arbitration clause or contract and applicable law.

22. Severability

In the event that any of these Rules or procedures are ruled unlawful or made unlawful by statute, the remaining Rules and procedures are to continue in effect.

23. Matters Not Addressed and Authority of the Arbitration Administrator

Any of the above procedures may be altered by the arbitration administrator, at his or her sole discretion, to fit the circumstances of a particular case. Any matter not specifically addressed by these Rules, or any conflict or ambiguity in these Rules, will be decided by the arbitration administrator, at his or her sole discretion. The arbitration administrator, at his or her sole discretion, has authority to prepare forms, resolve procedural disputes, impose time limits on the parties, and otherwise require a party to take action or refrain from taking action.

Neither USA&M nor the arbitrator is a necessary party in judicial proceedings related to the arbitration.

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