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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's 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 Small Claims Rules
SC100 Series

Rule SC100.  Applicability
Unless the parties agree otherwise, these procedures shall apply to any case in which neither the claims nor the counterclaims exceeds $15,000 each, exclusive of interest and arbitration fees and costs. If a claim or counterclaim exceeds $15,000, the case will be administered under expedited or regular arbitration procedures based on the amount of counterclaim.

Rule SC110.  Fees
A non-refundable fee of $200 shall be paid by the claimant upon filing the Small Claims Arbitration Submission Agreement, and by the respondent upon filing a response to the submission agreement. 

Small Claims Arbitration Pre-Hearing Rules
SC200 Series

Rule 200.  Filing and Service of Demand for Small Claims Arbitration
Claimant shall file with CoMA an executed Small Claims Arbitration Submission Agreement, along with a Statement of Claim, a copy of the signed contract or arbitration agreement and the required filing fee.  The Statement of Claim shall specify the relevant facts and the remedies sought.  Claimant shall concurrently serve, by certified mail or other means where attempt of delivery can be demonstrated, upon the Respondent(s) one copy of the Small Claims Arbitration Submission Agreement and one copy of the Statement of Claim.  The Submission Agreement must be signed by the claimant with written or electronic signature.

Rule210.  Response to Claim
The party or parties upon whom an Arbitration Submission Agreement has been served may, within 10 calendar days after service, file a written response to the claim by completing the Response to Small Claims Arbitration Claim.  Two copies of the Response shall be filed with CoMA and one copy shall be mailed or emailed, with a return receipt requested, directly to the Claimant at the address shown on the Demand. If no response is filed within the 10-day time limit, the claim will be treated as having been denied by the Respondent.

Rule SC220.  Counterclaim
If the Respondent wishes to file a counterclaim, then a Response to Small Claims Arbitration Claim must be filed within 10 days after service of the Submission Agreement and the Response must include a brief explanation of the counterclaim and a statement of the remedy being sought. Two copies of the Response and Counterclaim shall be filed with CoMA and one copy shall be mailed or emailed directly, with a return receipt requested, to the Claimant at the address shown on the Demand. Any counterclaim that is not filed in the manner and within the time limits here prescribed shall not be considered at the hearing. If a counterclaim exceeds $15,000, the entire case will be administered under either expedited or regular arbitration procedures based on the amount of counterclaim.

Rule SC230.  Response to Counterclaim
Claimant may, within 10 calendar days after service of the Response and Counterclaim, file a written response to the counterclaim using the form prescribed by CoMA. If such a response is filed, two copies shall be filed with CoMA and one copy shall be mailed or emailed, with a return receipt requested, directly to Respondent at the address shown on the counterclaim. If no response is filed, the counterclaim shall be deemed to be denied by the Claimant. Failure to file a response shall not serve to delay the arbitration.

Rule SC240.  Serving of Notices

Once the Small Claims Arbitration Submission Agreement has been properly served on Respondent, all responses and notices after that may be sent by email, regular mail, overnight or express mail, fax, or any suitable electronic means. A party has notice if they have knowledge of the notice or if they have received notice, either at their regular residence or their regular place of business.

Rule SC250.   Appointment and Qualifications of Arbitrator
After receipt of the Small Claims Arbitration Submission Agreement and evidence of proper service on the Respondent(s), CoMA shall appoint a single neutral Arbitrator from its panel of arbitrators who shall hear and decide the case in an expedited manner.

Within 3 business days of appointment to the case, the Arbitrator shall make disclosures of any actual, apparent or likely conflicts of interest or bias that the 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 then CoMA will appoint another Arbitrator to hear the case. The arbitrator has the continuing duty to disclose.

Rule SC260.  Acknowledgment of Oath of Arbitrators
The arbitrator shall acknowledge if he/she has taken the Oath of Arbitrators administered by CoMA prior to documentary or teleconference hearing.

Rule SC270.   Vacancies
CoMA may replace an appointed Arbitrator with another Arbitrator from its panel if the appointed Arbitrator resigns, withdraws, or is otherwise unable or unwilling to hear and decide the case promptly and in an expedited manner.

Rule SC280.   Extensions of Time
Except in extraordinary circumstances, CoMA or the arbitrator may grant a party no more than one seven-day extension of time to respond to the demand for arbitration or counterclaim.

Rule SC290.  Change of Claim or Counterclaim or Adding New Claims
Once a claim or counterclaim has been filed, it cannot be increased in amount and no new claims may be added without the consent of the Arbitrator.

Small Claims Arbitration Hearing Rules
SC300 Series

Rule SC300.  Type of Hearing, Notification of Date and Time
       (a) Proceedings on Documents. If no material facts are disputed, the case will be heard on the documents unless there is unanimous agreement among the parties or there is a showing to the arbitrator by one of the parties that there is a need to have an oral argument. The arbitrator shall make the final decisions related to procedure.
    (b) Teleconference Hearing. In cases in which a virtual hearing is to be held, CoMA shall notify the Arbitrator and the parties of the teleconference hearing arrangements at least ten days prior to the hearing. 

Rule SC310.  Postponements
The Arbitrator may order a postponement of the hearing for a limited time if he determines that such a postponement is reasonably and legitimately needed.

Rule SC320.  Subpoena
The arbitrator and any counsel of record to the proceeding shall have the power of the subpoena process as provided by law.  All parties shall be given a copy of a subpoena upon its issuance. 

Rule SC330.  Exchange of Exhibits and Information
The Claimant shall submit copies of all exhibits they wish the arbitrator to consider at the time of filing to CoMA with a copy of all exhibits to the respondent at the time of service.  The respondent in his/her response shall submit copies of all exhibits they wish to the arbitrator to consider at the time of response to CoMA and to the Claimant.   

The arbitrator shall resolve all disputes concerning the exchange of exhibits and/or information.  

Rule SC340.  Record of Proceedings
A verbatim record of the Small Claims Arbitration proceedings shall not be kept.

Rule SC350.  Representation by an Attorney
All parties shall have the right to representation by counsel on a Teleconference Hearing.  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 teleconference hearing.  
The arbitrator may, in his or 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 SC360.  The Teleconference Hearing
The hearing shall be conducted by the Arbitrator in whatever manner will most expeditiously permit full presentation of the evidence and arguments of the parties. Hearings are limited to one hour. The Claimant and the Respondent(s) will be given approximately twenty minutes to present their case, with twenty minutes held in reserve for the deliberation and writing of the decision by the arbitrator. Parties will not be allowed to exceed their allotted time without the consent of the Arbitrator. If the presentation of evidence and arguments by the parties takes longer than one hour, additional charges will apply pursuant to CoMA’s fee schedule.

Rule SC370. Time and Form of Award
The Arbitrator may render an oral bench decision if comfortable doing so.  In any event, the arbitrator shall endeavor to deliver a simple, written award within ten (10) days after the close of the hearing. The Award shall be reduced to writing, signed and dated by the Arbitrator.  CoMA shall forward the award to the parties via email, mail, fax, or suitable electronic means.