§ 8-6-5 - Arbitration of civil actions.
SECTION 8-6-5
§ 8-6-5 Arbitration of civil actions.– The presiding justice of the superior court may promulgate rules andregulations providing for compulsory and/or noncompulsory nonbindingarbitration of such category or categories of civil actions filed in orappealed to the superior court as he or she shall determine. The matter shallbe heard by a single arbitrator who shall be selected by mutual agreement ofthe plaintiff(s) and defendant(s). If after thirty (30) days the plaintiff(s)and defendant(s) are unable to agree upon the selection of an arbitrator, ajustice of the superior court shall select the arbitrator upon request inwriting from either party. The costs of arbitration shall be borne by the RhodeIsland state court system and a reasonable cost of the arbitration not toexceed three hundred dollars ($300) per case may be assessed and apportioned toeach of the parties by the superior court pursuant to rules and regulationspromulgated by the presiding justice of the superior court consistent with§ 8-6-6. The assessed costs received from the parties shall be depositedinto the general fund. Any party dissatisfied with the decision of thearbitrator may demand a trial by jury if one was timely claimed in thecomplaint or answer, or a trial by judge if no jury trial was claimed. Thedecision of the arbitrator shall not be admissible at the trial. The court mayrequire a party who rejects an arbitrator's award and demands a trial to post atwo hundred dollar ($200) filing fee. The filing fee shall be posted with thesuperior court clerk and deposited into an arbitration fund restricted receiptaccount established under the control of the state court director of finance.The arbitration funds shall not be subject to the indirect cost recoveriesprovisions set forth in § 35-4-27. If more than one party rejects thearbitrator's award and demands a trial, the filing fee shall be apportionedamongst them. Should the verdict at trial be more favorable to the party thanthe arbitrator's award, the filing fee shall be reimbursed to that party.Should the verdict be equal to or less favorable to the party than thearbitrator's award, the filing fee posted shall be forfeited as a sanction. Ifforfeited as a sanction the fee shall remain available for program expensesfrom the arbitration fund restricted receipt account. The presiding justice ofthe superior court shall be authorized to retain the services of qualifiedarbitrators and to direct payment for such services and other related expensesfrom the arbitration fund restricted receipt account and may appoint anadministrator of the arbitration program for a ten (10) year term and until asuccessor is appointed and qualified.