201 CMR, § 14.11 - Failure to Appear
(1)
Failure to Appear Default. If a party fails to appear
at the hearing, the arbitrator may enter a finding by default against that
party upon a determination that the appearing party has made a showing of
sufficient facts to warrant an award.
(2)
Default
Forgiveness. If the defaulting party, within ten business days
after the hearing, demonstrates good cause to the arbitrator for failing to
appear, the arbitrator may set aside the default. A new hearing may then be
scheduled pursuant to
201 CMR 14.10(2)
or a written hearing may be used to resolve
the dispute pursuant to
201
CMR 14.07.
(3)
Failure to Appear
Arbitration. An arbitration may proceed in the absence of any
party or representative who has received due notice pursuant to
201 CMR
14.08(6) and (8), but fails
to be present or fails to obtain a postponement.
Notes
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