Sarah E. Worley Conflict Resolution, P.C.
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1. Arbitration Agreement
It is specifically agreed by and between the parties to any
arbitration proceeding conducted through the services of Sarah E.
Worley Conflict Resolution P.C. that these rules shall govern the
arbitration and shall be incorporated by reference into the Agreement
to Binding Arbitration that shall be executed by the parties prior to
the commencement of the arbitration. It is further agreed that the
parties shall execute the Agreement to Binding Arbitration provided by
Sarah E. Worley Conflict Resolution P.C. even if they have executed a
separate private agreement.
2. Time and Location
The time and location for the arbitration shall be determined by
mutual agreement between the parties to the arbitration and the
arbitrator.
3. Stenographic Record
In the event that any party requests that a stenographic record
be made of the arbitration proceedings, such record may be made with
the assent of all parties to the arbitration. In the event that any
party objects to the creation of a stenographic record, a ruling on
that matter shall be within the sole discretion of the arbitrator.
4. Interpreters
In the event that any party requires the services of an
interpreter, selection of, payment of, and scheduling of that service
shall be the responsibility of the party requiring said services.
5. Attendance at Arbitration Hearing
Parties to the matter at issue are entitled to attend the
arbitration hearing. The arbitrator shall have sole discretion to rule
upon requests to sequester non-party witnesses, to allow non-parties to
attend the hearing, and to include or exclude expert witnesses from
any portion of the proceedings.
6. Postponement of Arbitration Hearing
In the event that any party requires postponement of a scheduled
arbitration hearing, that party shall first seek the assent of all
other parties to postpone the arbitration hearing. If the party seeking
postponement cannot secure that assent, motion shall be made to the
arbitrator to request postponement. Upon review of that motion
and any opposition, the arbitrator shall rule on the motion. In the
event of postponement, the parties shall be billed in accordance with
the stated postponement policy of Sarah E. Worley Conflict Resolution
P.C. If an arbitration hearing is cancelled or postponed within 7 days
of the scheduled arbitration, the party cancelling/postponing the
arbitration will be billed the full arbitration fee.
7. Absence of Party or Counsel
In the event that a party to a matter or counsel does not
appear for an arbitration hearing, that hearing shall proceed if it is
determined that the party or counsel, having received notice of the
hearing, has declined to attend. Sarah E. Worley Conflict Resolution
P.C. shall make effort to confirm that said absence is deliberate
before commencing with the arbitration hearing. Regardless of their
absence from the hearing, all counsel shall receive a copy of the
arbitration decision.
8. Arbitration Proceedings
At the beginning of each arbitration hearing, the arbitrator
shall explain the order of the proceedings to the parties. After the
administration of oaths, the arbitrator shall invite opening
statements. The parties shall then present their evidence, by way of
live testimony, documentary or any other evidence of their choosing.
The admissibility of said evidence shall be at the sole discretion of
the arbitrator. Following the offer of evidence, the arbitrator shall
inquire as to whether the parties wish to offer any further evidence. If
they reply in the negative, the arbitrator shall close the evidence,
after which no party may submit further evidence to the arbitrator
without leave from all other parties to the matter. The parties may
then make closing arguments, after which the hearing will be deemed
concluded. The arbitrator may modify the order of the proceedings, but
shall make every effort to ensure that all parties have sufficient
opportunity to offer their evidence.
9. Evidence
Any and all determinations as to relevance or admissibility of
evidence at any arbitration hearing shall be within the sole discretion
of the arbitrator. While the rules of evidence may be relaxed in the
forum of arbitration, rulings on any given piece of evidence shall be
within the arbitrator’s discretion. Any written materials that the
parties intend to submit to the arbitrator, with the exception of
rebuttal evidence, shall be exchanged between the parties at least five
days before the arbitration hearing. Those materials need not be
submitted to the arbitrator before the hearing.
10. Communication with the Arbitrator
Neither the parties to arbitration, nor their counsel, shall
engage in or initiate any ex parte communications with the arbitrator
from the time the Agreement to Binding Arbitration is executed until
thirty (30) days following release of the decision of the arbitrator.
Any communications, requests, or motions shall be forwarded to Sarah E.
Worley Conflict Resolution, P.C. and copied to all other parties to
the matter.
11. Arbitration Decision
The decision of the arbitrator shall be in writing and shall be transmitted to the parties by first class mail.
12. Interest, Attorney’s Fees, and Awards of Multiple Damages
No arbitration decision shall include an award of interest,
attorney’s fees or multiple damages unless the parties to the
arbitration have agreed in writing prior to the commencement of the
arbitration hearing that the arbitrator shall be authorized to make
such award.
13. Reconsideration
In the event that a party to arbitration wishes to seek
reconsideration of the arbitration decision, the party seeking
reconsideration shall submit to the arbitrator a Motion for
Reconsideration. All other parties shall have an opportunity to respond
to said Motion. Upon receipt of the Motion and all responses, the
arbitrator shall issue a written ruling on the Motion for
Reconsideration.
14. Expenses
The parties shall each bare their own expenses associated with
the arbitration. Extraordinary travel or other expenses incurred by the
arbitrator in the course of any matter shall be shared equally between
the parties.
15. Exclusion of Liability
It is specifically agreed by and between the parties that neither
Sarah E. Worley nor Sarah E. Worley Conflict Resolution P.C. shall be
liable for any act or omission in connection with the arbitration of
any matter, or in connection with the rendition of any arbitration
decision. It is further agreed that neither Sarah E. Worley nor Sarah
E. Worley Conflict Resolution P.C. is a necessary party to judicial
proceedings relating to any arbitration hearing or decision. |