(1) Unless otherwise ordered by the independent reviewer or agreed to by the parties, within 30 days of appointment the independent reviewer shall hold a telephonic preliminary conference.

(2) During the preliminary conference, the parties and independent reviewer shall address any issues precedent to the hearing, including as applicable:

(a) establishing a scheduling order;

(b) whether the parties intend to call experts, and if so, whether the parties will exchange expert reports;

(c) procedures for maintaining confidentiality of documents, information, or testimony;

(d) whether the hearing will be conducted telephonically, in person, or by written submissions;

(e) any dispositive issues, including any assertion that the dispute is not properly subject to the dispute resolution process;

(f) coordinating document exchanges; and

(g) any mechanisms to streamline the dispute resolution process, such as the use of pre-filed testimony.

(3) The preliminary conference and any other communications or proceedings may only be conducted with the participation of all parties. Parties may not participate in any ex parte communications on the subject of the arbitration with an appointed independent reviewer.


History: 2-18-720, 20-25-1320, 33-2-2306, MCA; IMP, 2-18-718, 2-18-719, 2-18-720, 20-25-1318, 20-25-1319, 20-25-1320, 33-2-2304, 33-2-2305, 33-2-2306, MCA; NEW, 2017 MAR p. 1877, Eff. 10/14/17.