Benton/Franklin Counties Procedures: 

  1. Required Form. The party filing the statement of arbitrability shall provide all the information required on the court form.  Please click HERE for the form.  
  2. Filing the Statement of Arbitrability. The statement of arbitrability shall be filed in the Superior Court Clerk's Office and a duplicate copy delivered to Court Administration and the opposing party or parties. A party failing to file and serve a statement of arbitrability within the time prescribed shall be deemed to have waived arbitration and may only subject the matter to mandatory arbitration thereafter upon leave of the court for good cause shown, which would require an Order and Statement of Arbitrability shall be entered and the arbitration fee paid with the Superior Clerk’s office.
  3. Response to Statement of Arbitrability. Any party disagreeing with the statement of arbitrability shall serve and file a response on the form prescribed by the Court. A duplicate copy of the response shall be delivered to Court Administration. In the absence of such a response, the statement of arbitrability shall be deemed correct. Any response opposing the statement of arbitrability shall be filed within ten (10) court days after receipt of the statement of arbitrability. A notice of issue shall be filed with any response objecting to the statement of arbitrability, noting the matter for hearing on the issue of arbitrability within ten (10) court days of filing the response.
  4. Failure to File – Amendments. A person failing to serve and file an original response within the times prescribed may later do so only upon leave of the court. A party may amend a statement of arbitrability or response at any time before assignment of an arbitrator or assignment of a trial date, and thereafter only upon leave of the court for good cause shown.
  5. Transfer to Arbitration Occurs for Purposes of Application of Local Rules. The case is transferred to arbitration upon the filing of a statement of arbitrability indicating that the case is subject to arbitration. This transfer shall also trigger the restriction on discovery contained in SCCAR 4.2. Any pause or removal from arbitration will require a court order.
  6. Civil Case Schedule Order Stricken. Any civil case schedule order entered shall be stricken upon the filing of a statement of arbitrability unless an objection occurs. An amended case schedule order will be issued upon order of the court removing the case from arbitration.
  7. Transfer Back to Superior Court. If at any time the arbitrator determines that there are no longer issues for the arbitrator to determine, the arbitrator may issue an order directing that the case be transferred back to Superior Court. Any party may, by motion filed with the court clerk within ten (10) days of such an order, request that a Superior Court judge review such an order.
  8. Assignment to Arbitrator. 
    1. Selection. After a list of proposed arbitrators is furnished to the parties, each party may, within ten (10) court days of the date mailed by the court, select one or two proposed arbitrators and strike one or two proposed arbitrators from the list. If both parties respond, an arbitrator selected by both parties will be appointed. If no arbitrator is nominated by the parties, Court Administration will appoint the first arbitrator from the random strike list.
    2. Single Response. If only one party responds within ten (10) court days of the date mailed by the court, Court Administration will appoint the first arbitrator nominated by that party.
    3. No Response. If neither party responds within 10 court days of the date mailed by the court, Court Administration will appoint the first arbitrator from the random strike list.
    4. Three or More Adverse Parties. If there are more than two adverse parties not represented by the same attorney, two additional proposed arbitrators shall be added to the list with the above principles of selection to be applied. The number of adverse parties not represented by the same attorney shall be determined by Court Administration, subject to review by a superior court judge. Example - three adverse parties would render a random strike list of 7 names. 
    5. Confidential Selections. Parties do not have to serve choices upon each other, and Court Administration must keep selections confidential. Court Administration must retain returned lists of proposed arbitrators until the time for appeal has expired or a request for trial de novo is received, whichever is sooner.
  9. Awards. Filing of Award. The Clerk shall file all arbitration awards under seal.  A request by an arbitrator for an extension of the time for the filing of an award may be presented to a superior court judge ex parte.
  10. The arbitrator shall give the parties notice of an extension granted. The Arbitrator shall provide Notice of the Filing to Court Administration.
  11. Administration. The Court Administrator, under the supervision of the Administrative Presiding Judge, shall implement the procedures mandated by these rules and perform any additional duties which may be designated by the Arbitration Presiding Judge. 
  12. Duties of Administrative Presiding Judge. In the administration of the mandatory arbitration program for Benton and Franklin Counties Superior Court, the Administrative Presiding Judge shall have the power and duty to:
    1. Supervise the Court Administrator in the implantation of mandatory arbitration;
    2. Select and appoint attorneys to the panel of arbitrators;
    3. Remove a person from the panel of arbitrators;
    4. Establish procedures for selecting an arbitrator not inconsistent with the Mandatory Arbitration Rules or these rules; and
    5. Review the administration and operation of the arbitration program periodically and make changes as he/she deems appropriate to improve the program.

[Updated September 1, 2024]