Arbitration Agreement & Rules

Text Box: AGREEMENT TO ARBITRATE The undersigned parties agree to arbitrate the dispute described below pursuant to the rules of Burdin Mediations. Description of Dispute:

Amount of Demand: $

Type of decision required: ( ) Award ( ) Opinion and Award

Type of Arbitration requested: ( ) Binding ( ) Non-binding ( ) Med/Arb ( ) High-Low Agreement

Note: If binding arbitration is selected, both parties agree to abide by the award rendered and agree that a judgment may be

entered on the award.

PARTICIPATING PARTIES:

CLIENT’S NAME

CLIENT’S SIGNATURE

ATTORNEY’S NAME

ATTORNEY’S SIGNATURE

FIRM NAME

FIRM ADDRESS

PHONE NUMBER

CITY, STATE & ZIP CODE

INSURANCE REPRESENTATIVE’S NAME

INSURANCE REPRESENTATIVE’S SIGNATURE

COMPANY NAME

COMPANY ADDRESS

COMPANY PHONE NUMBER

CITY, STATE & ZIP CODE

CLAIM NUMBER

4514 Cole Avenue, Suite 1450, Dallas, Texas 75205 . 214-528-1411 fax 214-528-2070 www.burdin-adr.com

Agreement of Parties

By agreeing to arbitrate under the rules of Burdin Mediations, the parties agree to the applicability of these rules. These rules may be altered by written agreement of the parties unless otherwise stipulated in advance. The arbitrator’s award is binding and enforceable in the same manner as any contract obligation.

Initiation of Arbitration

1. Any party to a dispute may notify Burdin Mediations (Burdin) of its willingness to submit the dispute to arbitration and authorize Burdin to invite any other part to participate in arbitration.

2. Parties to a dispute may initiate the arbitration process by submitting an executed Agreement to Arbitrate
to Burdin.

Appointment of Arbitrator

1. Only one arbitrator will be appointed unless the parties agree to have a panel of three arbitrators, in which case a majority of the arbitrators will decide the matters.

2. Burdin Mediations shall attempt to secure an agreement between the parties as to the arbitrator who will hear the dispute.

a. In the event the parties have not agreed upon an arbitrator after the Agreement to Arbitrate is filed with Burdin, Burdin will submit to each party a list of five arbitrators as well as information on their background, experience and fees.

b. If parties cannot agree to an arbitrator, the parties shall each strike one arbitrator from the list, rank the remaining arbitrators in order of preference and return the list to Burdin. The selection list must be returned to Burdin by the date stated on the Arbitrator Selection List.

c. If a party fails to return the list by the due date, that party will be deemed to have no preference as to the arbitrators on the list.

3. The parties agree that any person appointed as arbitrator is neither an agent nor an employee of Burdin and neither the arbitrator nor Burdin will be liable to any party for any act or omission in connection with any arbitration conducted under these rules.

4. Upon appointment or as soon as the fact is discovered, the arbitrator shall disclose to Burdin any information that may affect the arbitrator’s neutrality, including any bias or personal and financial interest in the outcome of the dispute. Burdin shall convey this information to the parties. An objection to the arbitrator by either party shall disqualify the arbitrator and the process for arbitrator selection shall be repeated.

Setting the Arbitration

After appointment of the arbitrator, Burdin will set the date, time and location of the hearing that is convenient for all parties and mail a confirming letter to each listed party.

ARBITRATION RULES

Text Box: Arbitration Procedures Burdin will provide no record of the arbitration. Either party may make arrangements for a court reporter a the requesting party’ expense. Burdin shall be notified of such arrangements prior to the hearing. The arbitrator shall have jurisdiction and broad authority to conduct the proceedings in any manner deemed reasonable to allow each party a fair opportunity to present its case. The arbitrator shall administer oaths and may issue subpoenas and order the production of documents. The arbitrator shall minimize the extent of such discovery. All provisions of law compelling a person under subpoena are applicable. The arbitrator shall be the judge of the relevance of the evidence offered. Strict conformity to the legal rules of evidence shall not be required. Witnesses may testify in person, by deposition or by affidavit. Testimony provided by deposition or affidavit shall be given only such weight as the arbitrator deems appropriate. The arbitrator shall sequester witnesses as he or she deems appropriate. However, the named parties, their attorneys and designated representatives who have a legal interest in the outcome of (e.g. insurance representative) shall be allowed to remain in the hearing room at all times. Neither the parties nor their legal counsel shall communicate ex parte with the arbitrator. All communications should be directed through Burdin. Arbitrator’s Award Unless otherwise requested by the parties, the arbitrator shall issue an award only, and not an opinion. Within 15 business days after receipt of any post-arbitration briefs or the closing of the hearing, the arbitrator shall render an award. (This time period may be tolled pending receipt from the parties of final payment). Request for an opinion by the arbitrator, rather than just an award, shall allow the arbitrator 15 additional business days to prepare the findings. The arbitrator may grant any relief which the arbitrator deems just. The arbitrator may assess arbitrator and legal fees and expenses against either party absent an agreement by the parties to the contrary. The arbitrator will deliver the award to Burdin for distribution to the parties. Fees Burdin Mediations will charge a $250 per party fee for any scheduled arbitration hearing canceled within 72 hours of the scheduled date. The arbitrators published daily fee shall be paid at least 7 business days in advance of each arbitration day to Burdin. The arbitrator’s daily fees and the cost of travel and expenses shall be borne equally by the parties unless otherwise agreed. Both parties prior to distribution of the Arbitration Award shall deposit any outstanding amounts due for the arbitrator’s expenses (e.g. award preparation time) with Burdin Mediations. Burdin reserves the right to alter this fee schedule in the case of highly complex or lengthy arbitration sessions.