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Introduction

Colorado Mediators & Arbitrators LLC dba CoMA is a dispute resolution forum specializing in business and commercial matters.  The forum is well organized, less expensive than most national forums, and offers a choice of excellent mediators and arbitrators. Our panel members are seasoned and accomplished in their respective professions and dedicated to prompt, cost-effective, and confidential resolution.   CoMA's arbitrators often serve on multiple arbitration panels, and are therefore familiar with utilizing a variety of procedural rules.

CoMA Administration of Another Forum's Rules of Procedure

Parties may elect to utilize CoMA to administer arbitration in disputed matters resulting from contractual clauses which specify the use of another dispute resolution forum's Rules of Procedure.  In these cases, arbitrator selection shall be conducted according to CoMA's established procedures.  The appointed arbitrator shall then employ the specified rules for all subsequent matters.

Purpose and Scope of Med-Arbitration Rules

Rule MA100.  Purpose of Med-Arbitration Proceedings
Med-Arbitration is a form of dispute resolution that combines the self-determination of mediation with the finality of arbitration.  In the initial stage of a Med-Arbitration proceeding, the parties attempt to reach a voluntary settlement with the assistance of a single, neutral Med-Arbitrator.  If a settlement is not reached, the parties are given a full and fair hearing by the same Med-Arbitrator in which to present their respective cases.  After considering the evidence and testimony presented, the Med-Arbitrator shall render a written decision which is binding on the parties.

Rule MA110.  Non-use of Legal Proceedings
No party shall, during the Med-Arbitration proceedings of any matter, prosecute or commence any suit, action, or proceeding against any other party touching upon any of the matters referred to in the Med-Arbitration proceeding pursuant to these Rules.

Rule MA120.  Limitation of Liability
CoMA, its agents and any Med-Arbitrator assigned to the matter under these Rules shall not be liable for any act or omission in connection with a Med-Arbitration administered pursuant to these Rules.

Rule MA130.  Interpretations of Rules and Enforcement
(a) The Med-Arbitrator shall be empowered to interpret and determine the applicability of all provisions under these Rules and conduct the Med-Arbitration according to such determination.
(b) Awards shall be final and binding upon the parties.
(c) The Med-Arbitrator shall follow any applicable substantive law presented by the parties and may grant any legal or equitable remedy or relief in the subsequent award. 
(d)  Where not in conflict with the Med-Arbitration Rules, the other rules, the Arbitration Rules, Expedited Arbitration Rules, and the Mediation Rules, may be used as guidance to the Med-Arbitration, but are not binding.

Rule MA140.  Election of Med-Arbitration
Parties may indicate their choice to use Med-Arbitration rather than the ADR process specified in their contract, bylaws, or other governing document when filing for services with CoMA.  This choice must be unanimously agreed upon.  Parties may elect Med-Arbitration by checking the box on the submission agreement or by signing a stipulation indicating their choice prior to the mediator or arbitrator being appointed.

Med-Arbitration Administrative Provisions
  

Rule MA200.  Selection of the Med-Arbitrator
(a) The Med-Arbitrator may be selected by any of the following:
(1)  The stipulation of the parties selecting a Med-Arbitrator from CoMA’s Panel.
(2)  The parties’ indication of first and second choice from a list of three proposed Med-Arbitrators provided by CoMA.  
(3) CoMA may appoint the Med-Arbitrator if the parties do not act to select a Med-Arbitrator after submitting a matter to Med-Arbitration.
(b) Only one Med-Arbitrator is to be used in a proceeding at one time.

Rule MA210.  Ex-Parte Communications Prohibited
Parties and their representatives shall not communicate with the Med-Arbitrator privately during the pendency of the case.  All communication with the Med-Arbitrator must occur within the presence of all parties or their representatives.

Rule MA220.  Representation by Counsel
All parties shall have the right to representation by counsel at any stage of the proceedings.  Newly retained counsel shall file an entry of appearance with CoMA and all parties within three business days of being retained, but not less than three business days prior to a scheduled preliminary conference or hearing. 
The arbitrator may, in his/her sole discretion, assign all associated costs of rescheduling a preliminary conference or hearing resulting from untimely entry of appearance to the party(s) retaining such counsel.

Rule MA230.  Fees
Med-Arbitration does not have an independent Fee Schedule.  The Fee Schedule listed on the Submission Agreement shall apply.
 

Med-Arbitration Session Rules 

Rule MA300.  Mediation Goal Statements
Any mediation goal statements must be presented simultaneously to the mediator and the other parties in Med-Arbitration proceedings.  As communications made in the course of settlement negotiations, these statements are to be held confidential to any person or entity outside the Med-Arbitration and are not to be published or used as evidence in proceedings outside of the Med-Arbitration proceeding at hand.  

Rule MA310.  Contiguous Scheduling for Med-Arbitration 
The Mediation session shall be immediately followed by the Arbitration hearing as a contiguous, uninterrupted process unless unanimously agreed otherwise by the parties.

Rule MA320.  Record of Proceedings
A verbatim record of the Med-Arbitration proceedings shall not be kept.

Rule MA330.  Med-Arbitrator Disclosures
Within 3 business days of appointment to the case, the Med-Arbitrator shall make disclosures of any actual, apparent or likely conflicts of interest or bias that the Med-Arbitrator may have. CoMA will then make the disclosures known to the parties to decide, within 3 days of receipt, whether the arbitrator is acceptable to them and if not, CoMA will appoint another Med-Arbitrator to hear the case. The Med-Arbitrator has the continuing duty to disclose.

Rule MA340.  Med-Arbitrator Oath
At the commencement of proceedings (pre-hearing conference or Med-Arbitration session) the Med-Arbitrator shall acknowledge if he/she has taken the Oath of Arbitrators administered by CoMA.

Rule MA350.  Distribution of Mediation Goal Statements
The Med-Arbitrator shall ensure that all parties have received a copy of any mediation goal statements received by the Med-Arbitrator.  This procedure is to help ensure that there are no ex-parte communications between the Med-Arbitrator and a party or party’s representative.

Rule MA360.  Conduct of Session
(a) The initial step in Med-Arbitration is a mediation session in which all parties and the Med-Arbitrator are present together.  No ex-parte (private) sessions with the Med-Arbitrator shall be held.  If the parties are able to reach a voluntary settlement of their dispute during the mediation, the terms and conditions of the settlement shall be reduced to writing by the Med-Arbitrator in the form of an award, signed by the arbitrator and delivered to the parties either immediately or within 10 days of the Med-Arbitration session.  The proceedings shall then be closed.
(b) Lack of settlement in mediation shall trigger the commencement of arbitration hearing in which the parties are given a full and fair hearing by the Med-Arbitrator.
        (1) Opening statements will begin with the claimant(s) proceeding first, followed by the respondents.  Rebuttal is not permitted. 
        (2)  Presentation of the claimant’s case will be followed by the respondent’s presentation.  This practice may be varied to allow for each witness to be examined in one contiguous stretch, with time for breaks allowed, so that such witness would not have to be recalled for presentation in another party’s case. 
        (3) Closing arguments will be first presented by the claimant(s), followed by the respondent(s).  Rebuttal argument is permitted. Claimants may reserve their entire closing for rebuttal.  
        (4) The hearing procedures may be varied in the discretion of the Med-Arbitrator, provided all parties are allowed a full and fair opportunity to present their respective cases.

Rule MA370.  Attendance at Hearings
The attendance of persons other than the parties and their representatives during the arbitration hearing phase of the Med-Arbitration, including witnesses, shall be determined by the arbitrator(s). However, all parties to the Med-Arbitration and their counsel shall attend all hearings.  Also generally allowed to be present at the hearing are expert witnesses.

Rule MA380.  Adjournments
The Med-Arbitrator may, in their own discretion, adjourn any hearing(s) upon the request of any party to the Med-Arbitration proceeding.
Post-Med-Arbitration Session Rules 

Post Med-Arbitration Rules

Rule MA400.  Reopening of Hearings
Where permitted by applicable law, the hearings may be reopened by the Med-Arbitrator on their own motion or at the discretion of the Med-Arbitrator upon application of a party at any time before the award is rendered.

Rule MA410.  Awards
(a) The Med-Arbitrator shall endeavor to render an award within ten business days from the date the record is closed. 
(b) All awards shall be in writing and signed by the Med-Arbitrator or in such manner as is required by applicable law. Such awards may be entered as a judgment in any court of competent jurisdiction.
(c) Unless the applicable law directs otherwise, all awards rendered pursuant to these Rules shall be deemed final and not subject to review or appeal.
(d) CoMA will serve a copy of the award on each party, or the representative of the party.  CoMA will serve the award by using any method available and convenient to the parties and CoMA, and that is reasonably expected to cause the award to be delivered to all parties, or their counsel, on the same day.  Methods CoMA may use include, but are not limited to, registered or certified mail, hand delivery, and facsimile or other electronic transmission.
(e) The award shall contain the names of the parties, the name of counsel, if any, a summary of the issues in controversy, the damages and other relief requested, the damages and other relief awarded, a statement of any other issues resolved, the name and signature of the Med-Arbitrator, the dates the claim was filed and the award rendered, the number and dates of hearing sessions, and the location of the hearings.
(f) All monetary awards shall be paid within thirty (30) days of receipt unless a motion to vacate has been filed with a court of competent jurisdiction. An award shall bear statutory interest from the date of the award:
        (1) if not paid within thirty (30) days of receipt,
        (2) if the award is the subject of a motion to vacate which is denied, or
        (3) as specified by the arbitrator(s) in the award.