As amended through December 18, 2021
Rule 1300 - Voluntary High-Low Common Pleas Court Arbitration(A) Program. (1) This program provides for prompt and final determination of cases pending in Common Pleas Court in Philadelphia or disputes, not yet in suit, which would properly be the subject of a suit in Common Pleas Court in Philadelphia, if not resolved, in which money damages are sought, without limitation to the amount involved except as set forth in paragraph (B)(4) below.(2) Submission of a case to the program is entirely voluntary and all parties must agree to the arbitration, which agreement shall be binding.(3) The arbitration shall be conducted by a judge of the Court of Common Pleas of Philadelphia County. Where counsel for all parties agree on one or more judges before whom they wish to have their case submitted, the case will be referred to one of those judges or that judge by the Deputy Court Administrator for Civil Listings. Otherwise, the case will be referred to the next judge available.(4) All parties shall agree in advance, that the decision of the Arbitration Judge will be final and binding.(5) The arbitration hearings will be scheduled on an expedited basis once a case is submitted to the program.(6) This program can also be used for multi-party litigation and, there are no monetary limits on the amount in controversy.(B) Procedures. (1) The parties shall prepare and submit a stipulation to the Deputy Court Administrator for Civil Listings, Room 380 City Hall, submitting the case to Voluntary Common Pleas Court Arbitration. There will be a filing fee of eleven dollars. The stipulation shall be signed by counsel for all parties, if represented, or the party or his insurance carrier, if unrepresented, and shall clearly indicate that the decision of the Arbitration Judge shall be final and binding and the award may be entered as a judgment of record without right of appeal. The stipulation shall also include any agreements with respect to the conduct of the arbitration hearing.(2) The parties shall submit to the Deputy Court Administrator for Civil Listings, at the time the stipulation is submitted in a sealed envelope, the defendant's(s') highest offer and the plaintiff's(s') lowest demand. These figures shall be submitted on one piece of paper signed by all parties. The sealed envelope shall be retained by the Deputy Court Administrator for Civil Listings, not transmitted to the Arbitration Judge, until after the arbitration is completed and the Arbitration Judge has reached his decision.(3) The conduct of the hearing shall be subject to the rules applicable to Common Pleas Court Arbitration in Philadelphia County, unless the parties agree, in advance, in writing, to some other procedure. The Arbitration Judge will determine whether the arbitration is being conducted within the fair scope of any such agreement. Parties are encouraged to agree to the use of medical reports and medical bills and property damage estimates, stipulations as to the testimony of witnesses, etc., in lieu of live testimony.(4) The Arbitration Judge shall reach his decision within 24 hours of the arbitration hearing. The Arbitration Judge shall decide on an amount to be awarded, if any, to each party. The sealed envelope will then be opened by the Deputy Court Administrator for Civil Listings. If the judge's figure is closest to the plaintiff's(s') lowest demand, the plaintiff's(s') lowest demand shall be awarded to the plaintiffs and the defendants shall pay that amount. If the judge's figure is closest to the defendant's(s') highest offer, the defendant's(s') highest offer shall be awarded to the plaintiff'(s) and the defendant(s) shall pay that amount. If the judge finds in favor of the defendant(s), the plaintiff(s) shall be awarded the amount of the defendant's(s') highest offer. If the judge's figure is exactly halfway between the plaintiff's(s') lowest demand figure and the defendant's(s') highest offer figure, the figure arrived at by the judge shall be awarded to the plaintiff(s), and the defendant(s) shall pay that amount. A check or draft in the amount of the defendant's(s') highest offer may be sent to the plaintiff(s) at the time the stipulation is filed or at any time prior to the arbitration hearing and the amount of that check or draft shall be considered as a credit for the defendant(s) with respect to the arbitration award. (5) Any rules dealing with prejudgment delay damages, interests and/or costs shall be deemed to be waived by submission of a case to this program.(6) Interest at the rate of 10 percent per annum, compounded daily, shall be assessed on all awards not paid within 30 days of the date of the award. Former Rule 190; adopted by The Board of Judges, originally General Court Regulation 82-7, effective 7/23/1982; amended by General Court Regulation 83-4 effective 12/5/1983.