- (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 a favorable decision.
- (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.