Single Written Submissions/Initial Statements of Position and Rebuttals
On a schedule established by the Panel, the parties present the merits of their positions in writing, normally within specified page limitations. They also may submit supporting evidence in the form of documents, affidavits, graphs, charts, and video tapes. The parties are to serve these materials on each other and on the Panel (two copies). In addition to the initial filing, if so directed, they may submit rebuttal statements. Following consideration of the parties' submissions, the Panel will take final action, which could include issuing a Decision and Order. Since the parties do not engage in a dialogue with a Panel representative, there is less opportunity for a voluntary settlement. Because there also is no opportunity for the Panel's representative to ask questions, it is essential that the parties explain their proposals and persuasive evidence clearly and completely. When the record requires clarification, Panel staff may conduct a telephone conference call to resolve any uncertainties.
Order To Show Cause
When the issues presented are substantively similar to those addressed in a previous Panel decision, the Panel may issue an Order to Show Cause. Under this procedure, the parties are asked to show cause why specific wording or other solutions previously imposed by the Panel should not be applied to resolve the dispute in the case at hand. Once it has considered the parties' submissions, which may include supporting evidence in the form of documents, affidavits, graphs, charts, and video tapes, and the parties' final offers, the Panel will take final action, normally the issuance of a Decision and Order, to resolve the impasse. This procedure is intended to focus the parties' attention on distinguishing the circumstances of their case from those that the Panel has considered in the past.