Rule 1303 - Arbitration Process(a) Administrative Fee - Arbitration, under B.C. L.R. 1301(a)(1) and (3), shall require the Plaintiff to pay to the Prothonotary an Administrative Fee of one hundred twenty-five dollars ($125) within thirty (30) days of the date of the Court's Order designating the matter to be scheduled for arbitration. The Plaintiff or the Plaintiffs attorney of record shall notify in writing the assigned Judge and Court Administration, or its designee, of such payment. The arbitration hearing shall be scheduled by Court Administration only upon Plaintiffs payment of the Administrative Fee. (b)Praecipe to the Arbitration List- Either party may praecipe the matter to the Arbitration List by filing such with the Prothonotary no earlier than thirty (30) days from the close of the pleadings by filing an Arbitration Scheduling Request. See ATTACHMENT "E". The arbitration hearing shall be scheduled by Court Administration. (c)Notice - Pursuant to Pa.R.Civ.P. 1303, Court Administration, or its designee, shall give to the parties or their attorneys of record and the assigned judge at least thirty (30) day notice in writing of the date, time and place of the arbitration hearing. (1) The written notice required under subsection (b) of this provision shall include the following statement: "THIS MATTER WILL BE HEARD BY A BOARD OF ARBITRATORS AT THE TIME, DATE AND PLACE SPECIFIED BUT, IF ONE OR MORE OF THE PARTIES IS NOT PRESENT AT THE HEARING, THE MATTER MAY BE HEARD AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE."
(2) A party is "present" if the party or an attorney who has entered an appearance on behalf of the party attends the hearing.(d)Preparation - When the board of arbitrators is convened for the hearing, if one or more of the parties is not ready, the case shall proceed and the arbitrators shall make an award unless the Court: (1) orders a continuance, or;(2) hears the matter if the notice of arbitration contains the statement required by subsection (b)(1) of this provision and all parties present consent.(e)Continuance Request -A party moving for a continuance shall file a continuance as set forth in ATTACHMENT "A". (1) The Administrative fee under subsection (a) of this provision shall include the costs of the initial scheduling.(2) At the Court's discretion, each party may be granted one (1) continuance without imposition of any additional fee.(3) A party requesting an additional continuance shall pay to the Prothonotary a Continuance Fee of fifty dollars ($50.00) at the time of the continuance request. The moving party shall notify in writing the assigned Judge and Court Administration, or its designee, of such payment.(4) A party requesting any continuance within seventy-two (72) hours of the scheduled arbitration time shall pay to the Prothonotary the Arbitration Costs at the time of the continuance request. Such Arbitration Costs shall be set at fifty dollars ($50.00) for the Case Manager of the arbitration panel, and forty dollars ($40.00) for each additional Arbitrator of the arbitration panel. Such payment shall not impact the applicability of any other Arbitration costs.(5) If a continuance request is granted, Court Administration, or its designee, shall give to the parties, or the attorneys of record, and the assigned Judge notice in writing of the new date, time and place of the arbitration hearing. Such notice shall meet the requirements set forth under subsection (b) of this provision. The arbitration hearing shall be rescheduled by Court Administration only upon the moving party's payment of any applicable Continuance Fees or Arbitration Costs.(f)Arbitrator's Fees - Arbitrator's Fees shall be as follows: (1) For each Civil Case eligible for arbitration under B.C. L.R. 1301(a) (1) and (3), Arbitration Costs shall be set at one hundred fifty dollars ($ 150.00) for the Case Manager of the arbitration panel, and one hundred twenty-five dollars ($125.00) for each additional Arbitrator of the arbitration panel,(2) For each Civil Case in which the arbitration hearing lasts four and a half (41/2) hours or more, Arbitration Costs shall be set at two hundred twenty-five dollars ($225.00) for the Case Manager of the arbitration panel, and two hundred dollars ($200.00) for each additional Arbitrator of the arbitration panel.(g)Settlements - Counsel shall work diligently to assure settlements will be reached prior to the arbitration hearing. (1) If a settlement occurs prior to the scheduled arbitration hearing, the parties shall notify in writing the assigned Judge and Court Administration, or its designee, of the settlement no later than seventy-two (72) hours prior to the scheduled arbitration hearing.(2) If a Settlement occurs within seventy-two (72) hours of the scheduled arbitration hearing, or if the parties fail to timely notify the assigned Judge and Court Administration, or its designee, under subsection (f)(1) of this provision, the parties shall pay the Arbitration Costs.A. The Arbitration Costs shall be set at fifty dollars ($50.00) for the Case Manager of the arbitration panel, and forty dollars ($40.00) for each additional Arbitrator of the arbitration panel.B. Such Arbitration Costs are to be paid to the Prothonotary by the parties, with fifty per cent (50%) contribution from the plaintiffs), jointly and severally, and fifty per cent (50%) contribution from the defendant(s), jointly and severally, unless otherwise agreed upon by the parties.C. Such payment shall be made within ten (10) days of the scheduled arbitration hearing.(h)Willful Absence - A party who willfully fails to appear at any appropriately scheduled arbitration hearing under B.C. L.R. 1301(a)(1) and (3) may be held in Contempt of Court. Such finding and any appropriate sanction shall be in the discretion of the assigned judge.(i)Order of Court - Any applicable Continuance Fees, Arbitration Costs, or other payment obligations designated under this provision shall be enforced by Order of Court.