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                                                        Private Arbitration Agreement – Application and Fee Schedule

Case Name Case number:

Claimant’s attorney Email Cell:

Claimant’s firm address:

Claimant’s consent to arbitrate ( ) Yes, a written agreement will be negotiated and executed.

Respondent’s attorney Email Cell:

Respondent’s firm address:

Respondent’s consent to arbitrate ( ) Yes, a written agreement will be negotiated and executed.

Description of claim – email copy Damages claim:

Description of answer/counterclaim – email copy Damages claim:

                                                                               Fixed Fee Schedule and Services

Fee schedule: If the claim/counterclaim is $0 – $25,000.00; total fee of $1,800.00 – with one half (½) per party
Fee schedule: If the claim/counterclaim is $25,000.00 – $50,000.00; total fee of $3,000.00 – one half ( ½ ) per party
Fee payment: Payment is due within three (3) business days of the execution of this document. Failure to pay the total fee will result in a suspension of the arbitration proceedings.

Services provided: Scheduling, agenda for initial conference, initial video assisted conference addressing the Arbitration Procedural Considerations on pages 2 and 3, video assisted follow up discovery conference, a one (1) day – 6 hour video-assisted remote hearing within ninety (90) days of the initial hearing, reasoned award issued within thirty (30) days of the hearing.

                                                          Indication of Initial Conference Scheduling Availability

Please provide four (4) dates and times when you can be available for a one hour (or less ) video-assisted conference within the next 10 days between the hours of 8:00 a.m. and 5:00 p.m. The arbitrator will issue a zoom invitation.

Available: Day of month/ time No. 1 ________________ Available: Day of month/time No. 2 ____________________

Available: Day of month/ time No. 3 ________________ Available: Day of month/time No.4 _____________________

                                                                                  Agreement to Arbitrate

Pursuant to the provisions of Article 45C. Revised Uniform Arbitration Act, NCGS 1-569.1, by their signatures, the undersigned agree to arbitrate the case captioned above and that this documents is an Agreement to Arbitrate subject to confirmation by a North Carolina or Federal Court of competent jurisdiction.

________________________________ __________________________________
Signature with Claimant’s Authorization Signature with Respondent’s Authorization

__________________ ______________________
Date Date

SaundersLaw,PLLC   319 S. Sharon Amity Road  

Suite. 220 Charlotte, N.C. 28211

Cell: 704.560.0039 chase@chasesaunders.com

                              Arbitration Procedural Considerations

• Arbitration hearings: While in person hearings are traditional, increasingly, video-assisted hearings using digital communications platforms such as Zoom, WebEx, Team, etc. These platforms offer economies and efficiencies.

• Ethical considerations: Arbitrations are conducted in accordance with the N.C. Canons of Ethics and Rules of Professional Responsibility.

• Arbitration Initial Pre-hearing Conference Order: The Initial Pre-hearing conference will need to cover these issues associated with the use of a video-assisted conference format. Please consider preparing a Video Assisted Conference and Hearing Order to address issues associated with the use of this model. An excellent outline of the matters to be considered can be found in the AAA -ICDR® Model Order for video conferencing. Among the areas which should be addressed are the following:

1. An agreement to participate and conduct a videoconference

2. Or, an order directing its use

3. Provisions concerning whether the hearing will be transcribed or recorded

4. Technical aspects such as
a. Invitations to attend
b. Advance testing of the system
c. A back up conference call line
d. Identification of parties attending the conference as witnesses
e. Identification of attendees at each session of the hearing
f. Presentation of evidence by witnesses in full camera view
g. Identification of any unknown participants

5. Ensure that the technology audio and video is operational at all times

a. Ensure equipment is functional
b. Eliminate background noise
c. Ensure back up equipment is available
d. Use secure WIFI
e. Participants should mute screens if not involved in verbal examination

6. Presentation of evidence by witnesses

a. The parties should agree upon a witness attendance policy.
b. The Chair will advise the witness of the protocol for the presentation before testimony
c. Witnesses should be positioned so that they can be seen and heard.
d. Witnesses may not use a virtual background.
e. Non-party or expert witnesses should sign off when their testimony is concluded
f. The Chair may order the parties or witness testifying remotely to make a 360 scan of the location from which he testifies. n
g. The Chair will advise the witness regarding the process if there is a disruption in testimony.
h. The parties are to confer prior to the hearing concerning the exhibits to be presented and the manner of presentation.

7. Hearing
a. At the initial hearing a date shall be set for the final hearing.
b. A “virtual waiting room” will be available for witnesses to use to check in.
c. The “chat” feature will be disabled.
d. “Virtual break out rooms” will be available for private conversations between counsel and a party or witness.

8. Technical problems
a. The parties counsel and the Chair will discuss and agree upon procedures to handle any disruptions during the video conference.
b. A back up system of communications by telephone or email will be developed to ensure that the effects of the disruption are minimal. This may involve a change in the order of witnesses while the cause of the disruption is being minimized.

9. Cost of Video Conferencing
a. The parties shall bear the costs of the conferencing in equal ( 50 – 50 ) shares and agree that these are costs of the arbitration subject to Panel orders.

• Arbitration checklist: Please review the TAB entitled Arbitration for an Arbitration Checklist of matters to be considered in preparing a case for arbitration.

• Arbitration Pre-hearing Conference Order Form: Please review the TAB entitled Arbitration for an Arbitration Checklist of the procedures to be discussed at the initial hearing.
• Expedited hearing procedures: Hearings are conducted in accordance with any private or public set of arbitration protocols upon which the parties can agree. The default arbitration procedures are as provided in Article 45C of the North Carolina Revised Uniform Arbitration Act. It is contemplated that an arbitration will be scheduled for the hearing within ninety ( 90 ) to one hundred ( 100 ) days of the initial hearing. A reasoned award will be rendered within thirty ( 30 ) days of the conclusion of the hearing.

• Video assisted platform: The proceeding will be conducted using the Zoom service platform or such other communications platform upon which the parties agree. Guidelines for the use of Zoom are follow. You will be asked to confirm by signature your understanding of the guidelines.

Virtual Arbitration Procedural Rules

  1. Initial Contact Conference. I will contact you within 2 business days to set up an initial, first contact Zoom meeting  at which time we will discuss the jurisdictional and administrative procedures associated with this service.
  2. Initial Pre-hearing Conference. This Zoom conference is an arbitrator-party meeting. The agenda will cover the hearing protocols including and confidentiality or protective orders and the discovery process for the use of this model.
  3. Discovery, given the limitation of a six-hour hearing, should focus on the discovery of material evidence obtained from: (a) the mutual contemporaneous exchange of documents by a date certain; (b) one set of interrogatories per party with deadlines for submission and response; (c) one set of requests for production per party with deadlines for submission and response; (c) one deposition per party by a date certain; and, (d) identification of potential hearing witnesses by a date certain.
  4. Hearing preparation includes the (a) identification and exchange of witness lists two (2) weeks before the hearing; (b) one pre-hearing brief each, of a mutually-agreed length,submitted four (4) business days before the hearing; (c) the exchange of numbered exhibit list to be presented ( share screened ) two (2) business days before the hearing; and the (d) exchange of hearing witness list two (2) business days before the hearing.
  5. Protective Orders and Motions practice. This service contemplates an expedited hearing with an early submission of any protective orders. Additionally, dispositive motion may be submitted however, they will not be considered until the hearing. Discovery motions will be addressed as they may arise. The arbitrator will set the date and time for a discovery hearing.
  6. Arbitration Rules. North Carolina General Statutes Article 45C – Revised Uniform Arbitration Act, NCGA 1-569.1 governs these proceedings unless the parties agree to another set of rules.


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