SLR 10-13.035: Court Shall Determine Whether Case is Subject to Arbitration

ARBITRATION (1) Once a case is at issue, a hearing will be held to consider whether arbitration is appropriate. At a pre-arbitration hearing, the judge will consider party requests for exception, inequitable circumstances (e.g., one or more parties unrepresented, costs of arbitration), and possibility of settlement. (2) A case assigned to arbitration will not be removed without a motion/declaration and order, except as might occur under paragraph (1) of this rule or upon notice from arbitrator. (3) In the event that amended pleadings are allowed by the arbitrator (e.g., amended complaint, third party complaint, etc.) in which a party or parties will be added to the case, or which causes the case not to be subject to mandatory arbitration, the party filing such an amended pleading must notify the Trial Court Administrator. Unless the parties stipulate otherwise, the court shall then remove the case from arbitration.