Arbitration Engagement Letter

Dave Finch Mediation Services

Mediation/Arbitration

 

Telephone: 1-(800) 411-3300

Facsimile: 1-(530) 274-2239

e-mail: drfinch@mediationserv.com

Web address www.mediationserv.com

[Date]

[Addressee 1]

[Addressee 2]

Re: [Case Name]

Our File No.

Gentlepersons::

This will confirm that we have scheduled the arbitration of this matter for hearing on [Date], [Place] at [Start Time) with (Dates Reserved). My fee for service as arbitrator is $_____per hour with a two hour minimum, which minimum is waived in the event of a cancellation at least 72 hours in advance of the start time, all fees to be divided equally among the parties, or as they might otherwise agree.

Fees are payable upon an invoice that I will mail to you upon completion of my deliberations and the mailing of my award. You and each of you agree that your share of said fees shall be promptly paid, and, if not, that any defaulting party shall be responsible for all costs and reasonable attorney fees which I may incur.

While I do not require a particular briefing schedule, I will enter an order based on the stipulation of the parties. I do request briefs from all parties, and further request that each side serve and submit a brief on or before five (5) business days in advance of the hearing if at all possible. Unless otherwise agreed between the parties I will strictly follow the rules set out in CCP 1280 et. seq. [In this case I am in receipt of an arbitration agreement which provides as follows: – or – If you have an arbitration agreement please forward it to me at this time by fax.] Any pre-hearing issues that may arise can be addressed in a pre-hearing meeting or conference call. In such event either party can advise me of an intended pre-hearing motion and I will set up a conference call during which we can schedule a pre-hearing meeting if necessary.

Yours very truly

Dave Finch