The Claimant shall produce an
outline of his/her claim, along with what the goal
of any
proceedings are.
Claimant and Respondent shall
prepare written statements as to the subject of the dispute,
in a brief format. They shall also prepare a statement as to
what issues are expected to be resolved, and shall include any
other brief comments which will assist the arbitrator/mediator
to understand the issues in dispute.
Claimant and Respondent shall
prepare a written statement as to the proposed monetary value of
the Claim and Counterclaim.
Justification for the amounts shall be included. Said amounts
shall not include punitive damages.
Statement of Uncontested Facts.
Whichever facts the parties can agree to, shall be
noted and prepared by the arbitrator/mediator.
Exchanging of Information and a
Schedule for the Exchange (Including Reports from Experts)
The Claimant and Respondent shall be required to cooperate in
committing to, conducting, and completing an exchange of
information concerning their documents and witnesses. If they do
not agree to exchange particular information, the
arbitrator/mediator shall hear the disagreement and make a
ruling on the issue. When the information to be exchanged has
been specified, a schedule shall be established for the
exchange of said documentation and information.
Lists of Witnesses with Outlines
of Testimony (Including Biographies of Expert Witnesses).
Claimants and Respondents shall be required to provide each
other (and the arbitrator/mediator) with lists of intended
witnesses and the nature of the evidence that will be presented
to ADRS. A summary by name for each witness, with the subject
matter of the anticipated testimony of each, should also be
submitted.
Be aware that
Arbitrators/Mediators may proceed even in the absence of a party,
if proper notice of the proceeding was given. This does not
mean, of course, that the absent party will lose the case by
default. The other party must still produce proof to support the
claim and you may not find in favor of the claimant solely by
reason of the Respondent's failure to appear.