Internal Revenue Code:Rule 124. Voluntary Binding Arbitration

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Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      TITLE 26 - APPENDIX
       TITLE XII. - DECISION WITHOUT TRIAL
     

Statute

    Rule 124. Voluntary Binding Arbitration
 
      (a) Availability: The parties may move that any factual issue in
    controversy be resolved through voluntary binding arbitration.
    Such a motion may be made at any time after a case is at issue and
    before trial.  Upon the filing of such a motion, the Chief Judge
    will assign the case to a Judge or Special Trial Judge for
    disposition of the motion and supervision of any subsequent
    arbitration.
      (b) Procedure: (1) Stipulation Required: The parties shall attach
    to any motion filed under paragraph (a) a stipulation executed by
    each party or counsel for each party.  Such stipulation shall
    include the matters specified in subparagraph (2).
      (2) Content of Stipulation: The stipulation required by
    subparagraph (1) shall include the following:
        (A) a statement of the issues to be resolved by the arbitrator;
        (B) an agreement by the parties to be bound by the findings of
      the arbitrator in respect of the issues to be resolved;
        (C) the identity of the arbitrator or the procedure to be used
      to select the arbitrator;
        (D) the manner in which payment of the arbitrator's
      compensation and expenses, as well as any related fees and costs,
      is to be allocated among the parties;
        (E) a prohibition against ex parte communication with the
      arbitrator; and
        (F) such other matters as the parties deem to be appropriate.
      (3) Order by Court: The arbitrator will be appointed by order of
    the Court, which order may contain such directions to the
    arbitrator and to the parties as the Judge or Special Trial Judge
    considers to be appropriate.
      (4) Report by Parties: The parties shall promptly report to the
    Court the findings made by the arbitrator and shall attach to their
    report any written report or summary that the arbitrator may have
    prepared.
      (5) Other Methods of Resolution: Nothing contained in this Rule
    shall be construed to exclude use by the parties of other forms of
    voluntary disposition of cases, including mediation.
 

Miscellaneous

                        EFFECTIVE DATE OF AMENDMENT
      Par. (b)(5) effective as of July 1, 1990.