Sec. 02.01.06.08. Ex Parte Communications  


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  • A. There shall be no direct communication between the parties to an arbitration and the arbitrator concerning the merits of the dispute other than at the arbitration hearing. Other communications, such as those concerning scheduling or other procedural matters, shall be made to the Chief Arbitrator, or, if the Chief Arbitrator is the arbitrator for the case, to the Arbitration Administrator, who will respond or refer the matter to the arbitrator as appropriate.

    B. If an ex parte communication occurs between a party and the arbitrator, the arbitrator shall notify the other party of the date, time, place, and content of the communication. If the communication occurs after the arbitration hearing and before rendering of the decision, the arbitrator shall reconvene the hearing, at the request of the party who did not engage in the ex parte communication, to permit submission of further evidence and rebuttal by both parties.