19 Miss. Code. R. 1-35.07
At least two (2) business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. The arbitrator shall resolve disputes concerning the exchange of exhibits.
The Arbitrator shall maintain the privacy of the conference. Any person having a direct interest in the arbitration is entitled to attend the conference. The arbitrator shall have the power to require the exclusion of any witness, other than a party or other essential person, during the testimony of any other witness. It shall be discretionary with the arbitrator to determine the propriety of the attendance of any other person other than a party and its representative. However, the Department reserves the right to have a representative present at any arbitration conference conducted pursuant to this Regulation.
The Arbitrator may postpone any conference upon agreement of the parties, upon request of a party for good cause shown, or upon the arbitrator's own initiative. Good cause shall consist of severe illness, injury, or other emergency which could not be controlled by the insured or the insurer and, with respect to an insurer, could not reasonably be remedied prior to the conference by providing a replacement representative or otherwise.
A party may be represented by counsel or their authorized representative. A public adjuster contracted by the insured may attend the conference, but the insured must also be present at the conference. A party intending to be represented shall notify the other party and the administrator of the name and address of the representative at least five (5) days prior to the date set for conference.
The arbitrator shall have the right to require witnesses to testify under oath administered by any duly qualified person. The insured shall present evidence to support its claim. The insurer shall then present evidence to support its defense. Witnesses for each party shall also submit to questions from the arbitrator and the adverse party. The arbitrator has the discretion to vary this procedure, provided that the parties are treated with equality and that each party has the right to be heard and is given a fair opportunity to present its case.
The arbitrator, in its discretion, shall conduct the proceedings with a view to expediting the resolution of the dispute and may direct the order of proof, bifurcate proceedings and direct the parties to focus their presentations on issues the decisions of which could dispose of all or part of the case.
The parties may offer such evidence as is relevant and material to the dispute and shall produce such evidence as the arbitrator may deem necessary to an understanding and determination of the dispute. Conformity to legal rules of evidence shall not be necessary. All evidence shall be taken in the presence of the arbitrator and all the parties, except where any of the parties is absent, in default or has waived the right to be present. However, the arbitrator may receive and consider the evidence of witnesses by affidavit, but shall give it only such weight as the arbitrator deems it entitled to after consideration of any objection made to its admission.
The arbitrator shall determine the admissibility, relevance and materiality of the evidence offered and may exclude evidence deemed by the arbitrator to be cumulative or irrelevant. The arbitrator shall take into account applicable principles of legal privilege, such as those involving the confidentiality of communications between a lawyer and client.
The representative of the insurer attending the conference must know the facts and circumstances of the claim and be knowledgeable of the provisions of the policy. An insurer will be deemed to have failed to appear if the insurer's representative lacks authority to settle the full amount of the claim.
Confidential or privileged information disclosed to an arbitrator by the parties or by witnesses in the course of arbitration shall not be divulged by the arbitrator. All records, reports, or other documents received by an arbitrator while serving in that capacity shall be confidential. The arbitrator shall not be compelled to divulge such records or testify in regard to the arbitration in any adversary proceeding or judicial forum. All statements made and documents reviewed at the arbitration conference shall be deemed settlement negotiations in anticipation of litigation.
Neither the Department, the Administrator, or any arbitrator in a proceeding under this Regulation is a necessary or proper party in judicial proceedings related to the arbitration.
At any stage of the proceedings, the parties may agree to conduct a mediation conference under the Mississippi Department of Insurance Hurricane Katrina Mediation Program as established pursuant to Regulation 2005-2, as amended. The mediator shall not be an arbitrator appointed to the case. Where the parties to a pending arbitration agree to mediate under this Regulation, no additional administrative fee shall be required to initiate the mediation.
19 Miss. Code. R. 1-35.07