Effective October 1, 2013, cases filed under AAA’s Commercial Rules will be managed under a new set of rules designed to enhance the efficiency of the case management process and clarify prior rules for both the arbitrator and parties.  Highlights of these changes include:

•  Mediation – a mediation step has been built into the Rules for cases with claims greater than $75,000, subject to the ability of any party to unilaterally opt out.  This will allow the parties to  work toward settlement throughout the arbitration process
• New “P” Rules – rules that encourage effective preliminary hearings and provide a checklist of topics to be addressed by the parties and the arbitration
• Dispositive Motions – guidance is provided on the standards to be applied by arbitrators when considering dispositive motions
• Emergency relief- formerly existed as optional procedures, but are now included in the Rules themselves
• Greater Arbitrator Control:
  • over the exchange of information, power to order reasonable document exchange;
  • with the ability to put boundaries on discovery and e-discovery;
  • with the power to allocate costs;
  • with sanction power for abusive or objectionable behavior; and,
  • guidelines for dealing with non-paying parties.

The arbitrator and parties are still allowed case management flexibility over the process even if they choose rules that conflict with the new changes.  However, when no alternate agreement is expressed, these new guidelines provide welcome improvement for all.