Hearing Procedure. The hearing shall be held at a location mutually agreed upon by the parties, or as determined by the Arbitrator in the absence of an agreement, and shall proceed according to the American Arbitration Association's "National Rules for the Resolution of Employment Disputes" as amended and effective June 1, 1997, with the following amendments: 1. The Arbitrator shall rule at the outset of the arbitration on procedural issues that bear on whether the arbitration is allowed to proceed. 2. Each party has the burden of proving each element of its claims or counterclaims, and each party has the burden of proving any of its affirmative defenses. 3. In addition to, or in lieu of closing argument, either party shall have the right to present a post-hearing brief, and the due date for exchanging any post-hearing briefs shall be mutually agreed on by the parties and the Arbitrator, or determined by the Arbitrator in the absence of agreement.
Appears in 3 contracts
Sources: Employment Agreement (Redwood Trust Inc), Employment Agreement (Redwood Trust Inc), Employment Agreement (Redwood Trust Inc)
Hearing Procedure. The hearing shall be held at a location mutually agreed upon by the parties, or as determined by the Arbitrator in the absence of an agreement, and shall proceed according to the American Arbitration Association's "’s “National Rules for the Resolution of Employment Disputes" as amended and effective June 1, 1997” in effect at the time of the arbitration, with the following amendments:
1. (a) The Arbitrator shall rule at the outset of the arbitration on procedural issues that bear on whether the arbitration is allowed to proceed.
2. (b) Each party has the burden of proving each element of its claims or counterclaims, and each party has the burden of proving any of its affirmative defenses.
3. (c) In addition to, or in lieu of of, closing argument, either party shall have the right to present a post-hearing brief, and the due date deadline for exchanging any post-hearing briefs shall be mutually agreed on by the parties and the Arbitrator, or determined by the Arbitrator in the absence of agreement.
Appears in 3 contracts
Sources: Employment Agreement (Mount TAM Biotechnologies, Inc.), Employment Agreement (Mount TAM Biotechnologies, Inc.), Employment Agreement (Adex Media, Inc.)
Hearing Procedure. The hearing shall be held at a location mutually agreed upon by the parties, or as determined by the Arbitrator in the absence of an agreement, and shall proceed according to the American Arbitration Association's "’s “National Rules for the Resolution of Employment Disputes" as amended and effective June 1, 1997” in effect at the time of the arbitration, with the following amendments:
1. The Arbitrator shall rule at the outset of the arbitration on procedural issues that bear on whether the arbitration is allowed to proceed.
2. Each party has the burden of proving each element of its claims or counterclaims, and each party has the burden of proving any of its affirmative defenses.
3. In addition to, or in lieu of closing argument, either party shall have the right to present a post-hearing brief, and the due date for exchanging any post-hearing briefs shall be mutually agreed on by the parties and the Arbitrator, or determined by the Arbitrator in the absence of agreement.
Appears in 2 contracts
Sources: Employment Agreement (Embarcadero Technologies Inc), Employment Agreement (Embarcadero Technologies Inc)