Current through August 26, 2024
(1) REQUEST FOR ARBITRATION. A person
requesting arbitration shall submit that request to the department in writing,
on a form provided by the department. A request for arbitration shall include
all the following:
(a) A signed agreement by
all parties to participate in arbitration. No person may be included as a party
in an arbitration proceeding without that person's signed agreement.
(b) A preliminary statement of the issue or
issues the parties seek to resolve by arbitration.
(c) The name and address of each party, or
the party's representative in the arbitration proceeding.
(d) An agreed method for appointing an
arbitrator under sub. (5).
(e) An
identification of every court action currently pending between the parties. If
any court action is pending, the request for arbitration shall include a copy
of any court order under s.
93.50(2m),
Stats., suspending the court action pending arbitration. No issue contested
between the parties in a court action may be arbitrated under this chapter
unless the court enters an order suspending the court action pending
arbitration.
(f) If no court action
is currently pending between the parties, an agreement by the parties to
refrain from initiating any court action against another party for at least 60
days, or until arbitration is completed, whichever occurs first.
Note: You may obtain an arbitration request form
from the department, and submit a completed request form to the department, at
the following address:
Wisconsin Department of Agriculture, Trade and Consumer
Protection
Agricultural Development Division, Farm Center
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
(2) ARBITRATOR APPOINTMENT.
(a) The department may provide the parties
with the names, addresses and qualifications of potential arbitrators, as
provided in s.
93.50(4) (e), Stats., or may appoint an arbitrator
with the authorization of the parties.
(b) If any party declines to authorize
department appointment of an arbitrator, the parties may choose an arbitrator
from among those named by the department under s.
93.50(4) (e), Stats. The department shall then appoint
the chosen arbitrator.
(c) When the
department appoints an arbitrator under par. (a) or (b), the department shall
give all parties notice of the appointment.
(d) The appointed arbitrator shall enter into
a written agreement with the department under s. ATCP 162.03 (2), Stats., and
shall then assume responsibility for directing the arbitration
proceeding.
(3)
ARBITRATION AGREEMENT. After the arbitrator is appointed and before the
arbitration proceeding begins, the parties shall enter into a specific
arbitration agreement. The department shall oversee the preparation of the
agreement. The agreement shall include all the following:
(a) A specific agreement by all parties to
arbitrate, and to abide by the arbitration award.
(b) A specific statement of the issue or
issues to be decided in arbitration.
(c) The procedures that the arbitrator will
follow.
(4) ARBITRATION
PROCEEDINGS. An arbitrator shall conduct arbitration proceedings according to
ch. 788, Stats., and the arbitration agreement under sub. (3). Arbitrators have
the authority provided under ch. 788, Stats., and the arbitration agreement.
This subsection does not authorize any proceedings in violation of a court
order or an automatic stay in bankruptcy.
(5) ARBITRATION AWARD. An arbitrator shall
issue an award in writing. The arbitrator shall serve a copy of the award on
each party and on the department.
(6) COURT REVIEW AND ENFORCEMENT. A court may
confirm, modify, correct or enforce an arbitration award, as provided in s.
788.03,
Stats.
