NEGOTIATED SUBMISSION AGREEMENT 1. This agreement is made between ___[names of parties]___ regarding a dispute that has arisen between them. 2. The parties submit their existing dispute for ___[nonbinding/binding]___ arbitration. 3. The dispute involves ___[briefly describe nature of controversy, amount of money at issue, and remedy sought]___. 4. The Arbitrator [Option 1] The parties agree to ___[name]___ to serve as arbitrator. [Option 2] The parties request ___[name]___, an arbitration service, to provide the names of three potential arbitrators, giving each party the opportunity to strike one name. The remaining arbitrator will be accepted by the parties. [Option 3] The parties agree to arbitration by a three-member panel. The parties request ___[name]___, an arbitration service, to provide the names of five potential arbitrators, giving each party the opportunity to strike one name. The three remaining arbitrators will be accepted by the parties as the arbitration panel. [Continue] 5. Prehearing Conference A prehearing conference will be scheduled at which the parties will agree on procedural matters, arrange for the exchange of information, obtain stipulations, and attempt to narrow the issues to be arbitrated. 6. Discovery [Option 1] The parties will submit a proposed discovery schedule to the arbitrator(s) at the prehearing conference. The scope and duration of discovery will be within the sole discretion of the arbitrator(s). [Option 2] It is our objective to expedite the arbitration proceedings by placing the following limitations on discovery: a. Each party may propound only one interrogatory requesting the names and addresses of the witnesses to be called at the arbitration hearing. b. On a date to be determined at the prehearing conference, each party may serve one request for the production of documents. The documents are to be exchanged within 15 days after the demand. c. Each party may depose ___[insert number]___ witnesses. Each deposition must be concluded within four hours and all depositions must be taken within 30 days after the prehearing conference. Any party deposing an opponent's expert must pay the expert's fee for attending the deposition. [Option 3] It is our objective to expedite the arbitration proceedings by eliminating discovery as provided by the Discovery Act (Code of Civil Procedure sections 2016-2036). Instead of discovery, the parties agree to the following exchange of information: a. Either party may make a written demand for lists of the witnesses to be called or the documents to be introduced at the hearing. The demand must be received before the prehearing conference. b. The lists must be served within 15 days after the demand has been mailed. c. No depositions may be taken for discovery. [Continue] 7. The Hearing a. Hearing Briefs The parties must file briefs with the arbitrator(s) at least three days before the hearing, specifying the facts each intends to prove and analyzing the applicable law. b. Powers of Arbitrator (1)Evidence Judicial rules of evidence and procedure relating to the conduct of the hearing, examination of witnesses, and presentation of evidence do not apply. The arbitrator(s) will admit any relevant evidence, including hearsay, if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the admissibility of such evidence in a court of law. (2)Inspection and Investigation An arbitrator finding it necessary to make an investigation or inspection must notify the parties of the time and place. The arbitrator must provide them with an oral or written report and give them an opportunity to comment. (3)Adjournments The arbitrator(s) may, without special notice, recess the hearing and reconvene at reasonable and warranted times and intervals. (4)Closing the Hearing The arbitrator(s) will close the hearing after presentation of the evidence or receipt of final briefs, if requested. The time limit within which the award must be filed begins to run from the closing of the hearing. (5)Reopening the Hearing The arbitrator(s) may reopen the hearing at the request of either party any time before the award is made. c. Rights of Parties (1)Representation by Counsel The parties have the right to representation by legal counsel throughout the arbitration proceedings. (2)Presentation of Evidence and Cross-Examination Within reasonable limits, both sides at the hearing may call and examine witnesses for relevant testimony, introduce relevant exhibits or other documents, cross-examine or impeach witnesses who have testified orally on any matter relevant to the issues, and otherwise rebut evidence, as long as these rights are exercised in an efficient and expeditious manner. (3)Record of Hearing Any party desiring a stenographic record may hire a court reporter to attend the proceedings. The requesting party must notify the other parties of the arrangements before the hearing and must pay the costs. (4)Oaths On the request of any party, the oral evidence will be given under oath. d. The Award (1)Scope The decision will be based on the evidence introduced at the hearing, including all logical and reasonable inferences made from it. The arbitrator(s) may grant any remedy or relief that is just and equitable. (2)Time The award must be mailed promptly to the parties, but no later than 30 days from the closing of the hearing. (3)Form The award, which must be made in writing and signed by either the arbitrator or a majority of the arbitrators, will contain a concise statement of the reasons supporting the decision. e. Fees and Expenses (1)Witnesses Each party must pay its own witness fees. (2)Arbitrators Each party must pay its prorata share of the arbitrator fees. (3)Attorneys [Option 1] The arbitrator(s) ___[has/have]___ the authority to award attorneys' fees to the prevailing party. [Option 2] The arbitrator(s) must award attorneys' fees to the prevailing party. [Option 3] Each party must pay its own attorneys' fees. [Continue] f. Finality The award can be judicially confirmed, corrected, or vacated under Code of Civil Procedure sections 1285-1288.8. The award is final and binding, and there is no direct appeal from the award on the grounds of error in the application of the law.
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Legal Forms : Set Two