- COMMENCEMENT OF THE ADJUDICATION PROCESS
1.1. The adjudication process will commence immediately after the jointly selected
Adjudicator and the parties to the legal dispute (the “Parties”) execute a written agreement
retaining the Adjudicator.
1.2. The Adjudicator’s sole objective is to expeditiously arrive at an appropriate resolution of
the Parties’ legal dispute. The Adjudicator is not obliged to provide legal advice to any of the
Parties or to represent them in any capacity.
1.3. The Adjudication of the Parties’ legal dispute will be conducted expeditiously wherever
and whenever material witnesses and relevant evidence become available to the Adjudicator.
1.4. One of the goals of the Comprehensive Adjudication process is to eliminate or
dramatically reduce the need for the Parties to employ legal counsel to act as advocates in
adversary proceedings. Hence, there is no requirement that the Parties employ attorneys to
act on their behalf at any time. The Parties are free, however, to employ counsel periodically
for whatever purposes they desire so long as such legal counsel advance, and do not impede,
the adjudication process as directed by the Adjudicator. Intelligent Justice affirmatively
encourages the use of separate counsel only to provide advice concerning the initial decision
to utilitize Comprehensive Adjudication, assist in framing the scope of the Parties’ claims,
defenses and remedies sought, and help in the evaluation of any settlement options that may
be considered by the Parties.
1.5. The Parties are encouraged to communicate directly with the Adjudicator for any purpose
that advances the adjudication process. Substantive written or electronic communications
should be copied to all other Parties. Substantive verbal communications should be made
with the participation of all other Parties. However, after reasonable notice of the scheduling
of a meeting, witness interview or telephone conference has been provided, it may be
assumed that any Party that fails to participate has waived the opportunity to do so.
1.6. During the process of adjudicating the Parties’ dispute the Adjudicator may consider any
documents, electronic records, physical evidence, sworn testimony or other information
permitted under the provisions of the Federal Arbitration Act, 9 U.S.C. Sec. 1 et seq. (the
“Evidence”).
1.7. The Adjudicator may make use of expert witnesses having specialized training, experience
or education in the subject matter of the dispute, other legal professionals and clerical staff to
assist in the gathering, review and analysis of relevant Evidence and legal authority, however,
the Adjudicator shall have final responsibility for the review and analysis of all material
necessary for the adjudication of the dispute.
1.8. The scope of the dispute to be adjudicated will be limited to those matters that are
reasonably related to the facts, circumstances and issues described in the Parties’ written
agreement with the Adjudicator or any attachment to it. The final determination of the proper
scope of the dispute to be adjudicated will be within the sole discretion of the Adjudicator. - GATHERING THE EVIDENCE
2.1. The Adjudicator may consider any Evidence gathered as it becomes available. It will not be
necessary for the Parties to present the Evidence in a separate trial or other proceeding.
2.2. The Parties are obliged to immediately provide the Adjudicator and the Adjudicator’s staff
with voluntary, prompt and unrestricted access to all information in the Parties’ custody or
control that is requested by the Adjudicator. Under the authority of state or federal arbitration
statutes the Adjudicator also may subpoena Evidence in the custody or control of Parties or
third parties. In some cases the materials requested for inspection or copying will be
extremely voluminous, however, under no circumstances shall the Parties refuse to make
requested materials available.
2.3. The Adjudicator may not use the information gathered during the investigation for any
purposes other than the adjudication of the Parties’ dispute, unless otherwise authorized by
these rules or by written agreement with the Party providing the materials. At the request of
any Party, the Adjudicator may issue orders designed to protect the confidentiality of trade
secrets, proprietary information or other material that is not appropriate for public disclosure.
2.4. The Parties are obliged to promptly circulate a written directive to all employees and
others subject to the Parties’ control (e.g. attorneys, accountants, independent contractors,
agents, etc.) instructing them to cooperate fully with the Adjudicator’s investigation, answer
all questions truthfully and voluntarily turn over all materials requested for inspection or
copying by the Adjudicator or the Adjudicator’s staff. The Parties also are obliged to promptly
allow the Adjudicator and the Adjudicator’s staff to have access to the Parties’ premises for
purposes of observing the Parties’ operations and seeing how records are kept. The Parties
will provide the Adjudicator and the Adjudicator’s staff with unrestricted access to the persons
most knowledgeable about the Parties’ record keeping practices and the most efficient
methods of retrieving information from the Parties’ documents and electronic records. Upon
request, the Parties will assist the Adjudicator in retrieving information from their records in
the format most useful to the Adjudicator.
2.5. On as many occasions as the Adjudicator may request, the Parties’ must promptly make
themselves, their employees and others subject to their control available to provide testimony
and answer, under oath, all questions posed by the Adjudicator or the Adjudicator’s staff.
Under the authority of state or federal arbitration statutes the Adjudicator also may subpoena
the sworn testimony of any Party or third party witness the Adjudicator decides to interview.
Testimony may be taken in person, telephonically or by video conference, within the sole
discretion of the Adjudicator.
2.6. Unless otherwise directed in writing, the Adjudicator and the Adjudicator’s staff may take
sworn testimony or communicate directly with the Parties, their employees and agents
without the participation of the Parties’ legal counsel.
2.7. The Adjudicator will notify the Parties in advance of the examination of any witness and
the Parties or their representatives may elect to be present during the examination or,
alternatively, may simply request a transcript of the examination. However, the Adjudicator
shall not delay the examination of any witness solely because one or more Parties are unable
to be present.
2.8. The Adjudicator may move to compel production of any withheld testimony, documents,
electronic records or other Evidence in a court of law. A Party that withholds testimony,
documents, electronic records or other Evidence requested by the Adjudicator will bear the
cost of any motion to compel discovery (including the regular hourly rate of the Adjudicator
and the Adjudicator’s staff as well as all out of pocket costs) and will pay such fees and costs
within thirty days of billing.
2.9. Information, testimony or other Evidence that might be withheld in other proceedings
based upon a legal objection or privilege must nevertheless be provided to the Adjudicator
upon request. The propriety of considering such Evidence in deciding the dispute shall be
determined in the sole discretion of the Adjudicator after a review of the Evidence and the
applicable legal precedent. The Adjudicator is permitted to draw negative inferences
concerning the facts of the dispute against any Party that refuses to cooperate, obstructs the
investigation or fails to voluntarily provide the Adjudicator with requested testimony,
information, documents, electronic records or other Evidence within the time frames
established by the Adjudicator. - ANALYSIS OF THE APPLICABLE LAW AND FACTS
3.1. During the adjudication process the Adjudicator may grant such interim relief, including
preliminary injunctive relief, as the Adjudicator believes to be warranted by the
circumstances. The Adjudicator may require, as a condition of any such interim relief, security
for the costs associated with compliance with the interim relief.
3.2. At the conclusion of the fact finding process the Adjudicator will prepare a detailed written
compilation of all the Evidence the Adjudicator considers to be relevant to the liability issues
associated with the legal dispute (the “Statement of the Evidence”).
3.3. The Adjudicator will be guided (but will not be bound) by the Federal Rules of Evidence or
comparable state law in determining which Evidence is appropriate to consider.
3.4. The Statement of the Evidence will identify, but not decide, all factual disputes the
Adjudicator considers to be important to the final adjudication of the liability issues
associated with the matter.
3.5. The Parties will be given 30 days (or more by agreement) after the Statement of the
Evidence is provided to make further attempts to settle their dispute.
3.6. After 30 days (or more by agreement of the Parties) has expired, the Adjudicator will
prepare a written statement describing the Adjudicator’s findings concerning the resolution of
the disputed facts relevant to liability and the Adjudicator’s conclusions of law with respect to
those facts (the “Decision re Liability”). In deciding liability the Adjudicator will be guided by
the legal authority the Adjudicator believes to be most appropriate to the proper resolution of
the Parties’ dispute.
3.7. If liability is found or if costs are to be assessed, the Parties will be given another 30 days
(or more by agreement) after mailing of the Decision re Liability to explore settlement
opportunities. After the expiration of this second 30 day settlement period (or more by
agreement of the Parties) the Adjudicator will prepare findings of fact and conclusions of law
concerning the nature and amount of any applicable damages, costs and other remedies (the
“Decision re Damages and Other Remedies”). The Adjudicator’s Decision re Damages and
Other Remedies shall include an award of any damages, costs or other remedies the
Adjudicator determines to be warranted in resolving of the dispute.
3.8. At the conclusion of the proceedings the Adjudicator shall send all of the Parties a letter
informing them that their dispute has been fully adjudicated (the “Termination of Proceedings
Letter”). - THE FINAL DECISION OF THE ADJUDICATOR
4.1. Taken together, the Statement of the Evidence, the Decision re Liability and the Decision
re Damages and other Remedies will be the final decision of the Adjudicator.
4.2. The final decision of the Adjudicator may be converted into a court judgment by any Party
in the same manner that any arbitration award is confirmed by a court of law. - APPEAL
5.1. The final decision of the Adjudicator will generally be subject to appeal in an appellate
court only upon the very limited grounds for appeal of arbitration decisions provided under
applicable state or federal law.
5.2. Unless the Parties agree otherwise in writing, the final decision of the Adjudicator may
alternatively be appealed to a private appellate professional as provided in these rules.
5.3. All Parties waive the right to an appeal to a private appellate professional under these
rules unless one or more of them sends a written notice of intent to appeal to the Adjudicator
and all other Parties within 30 days of the date of the Termination of Proceedings Letter.
5.4. The Parties will be bound to argue their appeal to a legal professional selected by
Intelligent Justice unless the Parties jointly agree in writing on the selection of an alternative
legal professional to consider the appeal within 30 days of the date of the first notice of intent
to appeal.
5.5. The Parties will brief and argue the appeal as provided by the Federal Rules of Appellate
Procedure unless directed otherwise by the legal professional selected to hear the appeal.
5.6. The decision of the legal professional selected to hear the appeal will be final. No further
appeals are authorized under these rules. - MISCELLANEOUS
6.1. Neither Intelligent Justice, including its officers, directors, managers and employees, the
Adjudicator nor any of the Adjudicator’s partners, staff or employees shall be liable for any act
or omission in connection with an adjudication initiated by the Parties. Moreover, the Parties
shall not call the Adjudicator, the Adjudicator’s partners or employees or any officer, director,
manager or employee of Intelligent Justice as a witness in any proceeding concerning the
subject of the dispute to be adjudicated. The Parties shall hold harmless, indemnify, defend
and pay the costs (including attorneys fees) incurred by the Adjudicator, the Adjudicator’s
partners and employees, Intelligent Justice and its officers, directors, managers, and
employees who are required to participate in any legal proceeding arising out of the
adjudication or the dispute that is the subject of the adjudication, including a proceeding
initiated by a third party.
6.2. Intelligent Justice may amend the Intelligent Justice Adjudication Rules and Procedures
at any time without notice however, unless the Parties agree otherwise, the version of these
rules and procedures in effect at the time the adjudication commences shall remain in effect
until the adjudication is completed.
6.3. If any of the Intelligent Justice Adjudication Rules and Procedures is found to be in conflict
with a provision of applicable law, the conflicting rule or procedure shall be pre-empted by the
applicable law, however no other rule or procedure shall be affected.
6.4. The Adjudicator may sanction any Party for violation of these Rules and Procedures. Such
sanctions may include, but are not limited to, assessment of costs, exclusion of evidence or
adverse determinations of issues in dispute.
6.5. The failure of any Party to object to an alleged violation of these Rules and Procedures
within five business days of the alleged violation shall be deemed a waiver of the alleged
violation.
6.6. The failure of any Party to assert a challenge for cause to the continued service of the
Adjudicator within five business days of learning the basis for such a challenge shall be
deemed a waiver of any objection to the continued service of the Adjudicator.
6.7. If the Adjudicator selected by the Parties is unable to complete the adjudication, the
Parties agree to be bound by the decisions of a replacement Adjudicator, selected by
Intelligent Justice, unless the Parties jointly agree in writing to the selection of a replacement
Adjudicator within 30 days of notice of the original Adjudicator’s withdrawal.
6.8. No Party may terminate or withdraw from the adjudication except by written agreement
of all Parties.
Reprinted with permission from IntelligentJustice.org