Rule 1302.1 - Administration(a) Proceedings under the arbitration rules of this court shall be administered by the office of the court administrator of this court.(b) The court administrator shall have the power to prescribe forms and to interpret these rules, subject to review by the court at the request of a party. (c) In order to be considered for appointment to a board of arbitrators, an attorney admitted to practice before the Supreme Court of Pennsylvania who is actively engaged in the practice of law primarily in Chester County and who maintains an office in Chester County shall file with the office of the Court Administrator a certified arbitration registration form indicating whether or not he or she has substantial experience in civil litigation; listing the number of years of such experience and those areas of practice in which he or she has substantial litigation experience and stating if he or she is practicing alone, is a member of a firm, or is associated in some way with one or more other lawyers (either in private practice or as an employee of some public office such as the district attorney's office, public defender's office, legal aid, etc.). Any change in his or her status in this regard shall immediately be reported to the office of the Court Administrator. Upon receipt of a fully completed certified arbitration registration form, the Court Administrator shall add the name of the person submitting the form to the list of those eligible to serve as a member of an arbitration board. Boards of arbitration shall be appointed from the list of members of the bar who have filed such information. The Court Administrator shall have sole authority to determine whether an arbitrator is qualified under these rules. (d) The chair of the board of arbitrators shall be appointed by the court administrator and shall be responsible for the preparation and filing of the board's report and award. All other members of the board of arbitrators shall also be appointed by the Court Administrator. (e) The court administrator shall have the authority to obtain and deliver to the board of arbitrators all papers of record and shall be responsible for the return thereof to the Prothonotary when not in necessary custody of the board. The court administrator shall maintain such records as are necessary for the proper administration of the arbitration system, and shall give the arbitrators such assistance as may be necessary to expedite the arbitration process. (f) The date, time and place of the arbitration hearing shall be assigned by the Prothonotary at the time a Category C action is commenced. The court administrator shall provide the Prothonotary with the next reasonably available date for an arbitration hearing, and the Prothonotary shall then mark that date upon the cover sheet when a Category C action is commenced. The notice of the date, time and place of arbitration hearing on the cover sheet 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."
Comment: It is anticipated that a hearing will be scheduled no less than six (6) months following the initiation of suit. The court administrator will be required to adjust the interval, between filing and hearing dated, depending upon the availability of hearing rooms, the volume of cases to be tried, and the number of panels to be assigned.
(g) Any party may for good cause object to the matter being submitted to arbitration by notifying the court administrator in writing with notice to all other parties. The court administrator shall initially make a determination as to the validity of any such objection. Any party dissatisfied with the determination of the court administrator shall have the right to have the matter determined by the assigned judge. (h) All hearings shall be held in the Justice Center at West Chester, unless the arbitrators and all parties agree otherwise.(i) It is the professional obligation of all members of the bar who qualify as outlined in these Rules to serve on boards of arbitration, unless absent or excused for good cause and compelling reason. If an arbitrator fails to appear, or appears late at the scheduled arbitration hearing without compelling reasons, his or her name shall be stricken from the arbitration list, and he or she will be so notified by the Court Administrator. He or she may be reinstated by application to the court, upon cause shown. (j) The president judge may strike from the list of eligible arbitrators the name of any attorney who has consistently demonstrated an inability to serve in a proper manner.Chest. Cnty. Ct. Comm. Plea. R. 1302.1
Adopted June 19, 2012., effective thirty (30) days after publication in the Pennsylvania Bulletin