March 16, 2015
I want to comment by giving my full support to the changes proposed regarding cancellation fees and notification timing.
As an arbitrator, I am pleased when the parties can mediate an agreement rather than have the issue go to arbitration. However, like others, I have too often seen the settlement or postponement process go too close to the deadline. I have spent many hours preparing for a case so that I could do my job the best I could, only to find out that the hearing has been cancelled or postponed for various reasons. The $ 100 does not come close to compensating an arbitrator for the time or energy that he or she spent preparing for the case. In one instance, I was out several hundred dollars because I had to change flight reservations at the last minute and could not be compensated for the expense under current cost reimbursement rules. It was then that I said to myself that I would never accept a case outside my normal jurisdiction. If this passes, I will reconsider.
The proposed rule is a step in the right direction. Hopefully, it will change the behavior of both parties and will illuminate the waste of arbitrator preparation time and unnecessary and non-reimbursable expenses related to a postponement. I fully support it as an excellent first step in eliminating a significant and common problem related to postponements. I really appreciate that it is being proposed and would hope it can be put into effect as expeditiously as possible.
Respectfully submitted,
Mark Harris
Arbitrator ID # A32182