Sarah E. Worley Conflict Resolution, P.C.
Arbitration Rules

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.