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By Erika S. Fine

ADR guide for Judges and attorneys.

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At 59. 40 ADR and the Courts obtained in arbitration or settlement) or paid a flat fee to the lawyer (usually $250) for preparing the case and representing them at the hearing. Lawyers offering flat fee arrangements to clients usually conducted a high volume arbitration practice, representing several different clients at hearings in the course of a single morning. This type of practice was made possible by the brief duration of the hearings (forty-five minutes on average) and the tightly administered hearing schedule.

By the same measure, if the defendant rejects, the defendant must obtain a verdict in an amount more than ten percent less than the evaluation in order to avoid payment of actual costs to the plaintiff. If the mediation panel's evaluation is unanimous and both parties reject the evaluation, and the verdict is no more than ten percent above or below the evaluation, each party is responsible for its own costs. If, however, the verdict is an amount which is more than ten percent above the evaluation, the plaintiff shall be taxed actual costs.

B. Copies of Court Papers. The clerk shall send to the Private Adjudication Center a complete copy of the court file for use by the Center and the arbitrator in conducting the arbitration proceedings. c. Continued Authority of the Court. Notwithstanding reference of cases to the Private Adjudication Center, every civil action shall remain at all times subject to the authority and control of the court. 52 ADR and the Courts Rule 607 ARBITRATION PROCEDURE a. No Ex Parte Communication. There shall be no ex parte communication between the arbitrator and any counsel or party on any matter touching the proceeding, except with regard to scheduling matters.

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