Professional Accounting and Related Services Dispute ...

1 Professional Accounting and Related Services Dispute Resolution RULES As Amended and Effective July 1, 2003 INTRODUCTIONMEDIATION RULES 1. Agreement of Parties2. Initiation of Mediation3. Request for Mediation4. Appointment of Mediator5. Qualifications of Mediator6. Vacancies7. Representation8. Date, Time and Place of Mediation9. Identification of Matters in Dispute10. Authority of Mediator11. Privacy12. Confidentiality13. No Stenographic Record14. Termination of Mediation15. Exclusion of Liability16. Interpretation and Application of Rules17. Expenses ADMINISTRATIVE FEES ARBITRATION RULES 1. Agreement of Parties2. Name of Tribunal3. Administrator and Delegation of Duties4. National Panel of Arbitrators5. Regional Offices6. Initiation under an Arbitration Provision7.

2 Initiation under a Submission8. Changes of Claim9. Applicable Procedures10. Administrative Conference, Preliminary Hearing and Mediation Conference11. Fixing of Locale12. Qualifications of an Arbitrator13. Appointment from National Panel14. Direct Appointment by a Party15. Appointment of Neutral Arbitrator by Party-Appointed Arbitrators or Parties16. Nationality of Arbitrator in International Arbitration17. Number of Arbitrators18. Notice to Arbitrator of Appointment19. Disclosure and Challenge Procedure20. Vacancies21. Date, Time and Place of Hearing22. Representation23. Stenographic Record24. Interpreters25. Attendance at Hearings26. Postponements27. Oaths28. Majority Decision29. order of Proceedings and Communication with Arbitrator30. Arbitration in the Absence of a Party or Representative31.

3 Evidence32. Posthearing Filing of Documents or other Evidence33. Inspection or Investigation34. Interim Measures35. Closing of Hearing36. Reopening of Hearing37. Waiver of Oral Hearing38. Waiver of Rules39. Extensions of Time40. Serving of Notice41. Time of Award42. Form of Award43. Scope of Award44. Award upon Settlement45. Delivery of Award to Parties46. Releases of Documents for Judicial Proceedings47. Applications to Court and Exclusion of Liability48. Administrative Fees49. Expenses50. Arbitrator's Compensation51. Deposits52. Interpretation and Application of Rules EXPEDITED PROCEDURES 53. Notice by Telephone54. Appointment and Qualification of Arbitrator55. Date, Time and Place of Hearing56. The Hearing57. Time of AwardADMINISTRATIVE FEES Introduction Each year thousands of businesses enter into engagements with CPA's and Accounting firms.

4 Occasionally disagreements develop over how these Services are performed. Many of these disputes may be resolved by arbitration, the voluntary submission of a Dispute to a disinterested person or persons for final and binding determination. Arbitration is an effective way to resolve these disputes privately, promptly and economically. The American Arbitration Association (AAA) is a not-for-profit, public service organization offering a broad range of Dispute resolution Services to business executives, attorneys, individuals, trade associations, unions, management, consumers, families, communities and all levels of government. Services are available through AAA headquarters in New York City and through offices located in major cities throughout the United States.

5 Hearings may be held at locations convenient for the parties and are not limited to cities with AAA offices. In addition, the AAA serves as a center for education and training, issues specialized publications and conducts research on all forms of out-of-court Dispute settlement. These rules have been designed in cooperation with the AAA's National Accounting Industry Dispute Resolution Committee. In addition, the committee has established panel qualification criteria and training requirements for arbitrators and mediators. Panelists will be drawn from a variety of business and Professional areas, and will include accountants and CPAs in the industry as well as nonindustry members including lawyers, business persons and former judges. The parties can provide for arbitration of future disputes by inserting the following clause into their contracts or engagement letters.

6 Standard Arbitration Clause Any controversy or claim arising out of or relating to this contract or engagement letter, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Arbitration Rules for Professional Accounting and Related Services Disputes and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Firms should consult with their Professional liability insurers to ensure that policy provisions permit the use of arbitration clauses to resolve disputes. MEDIATION The parties might wish to submit their Dispute to mediation prior to arbitration. In mediation, the neutral mediator assists the parties in reaching a settlement but does not have the authority to make a binding decision or award.

7 Mediation is administered by the AAA in accordance with its mediation rules. There is no additional administrative fee where parties to a pending arbitration attempt to mediate their Dispute under the AAA's auspices. If the parties want to adopt mediation as a part of their contractual Dispute settlement procedure, they can insert the following mediation clause into their contract or engagement letter in conjunction with a standard arbitration provision. If a Dispute arises out of or relates to this contract or engagement letter, or the breach thereof, and if the Dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the Dispute by mediation administered by the American Arbitration Association under its mediation rules before resorting to arbitration, litigation, or some other Dispute -resolution procedure.

8 If the parties want to use a mediator to resolve an existing Dispute , they can enter into the following submission. The parties hereby submit the following Dispute to mediation administered by the American Arbitration Association under its mediation rules (the clause may also provide for the qualifications of the mediator(s), the method of payment, the locale of meetings, and any other item of concern to the parties). Arbitration Rules for Professional Accounting and Related Services Disputes (Including Mediation) MEDIATION RULES 1. Agreement of Parties Whenever, by stipulation or in their contract, the parties have provided for mediation or conciliation of existing or future disputes under the auspices of the American Arbitration Association (AAA) or under these rules, they shall be deemed to have made these rules, as amended and in effect as of the date of the submission of the Dispute , a part of their agreement.

9 2. Initiation of Mediation Any party or parties to a Dispute may initiate mediation by filing with the AAA a submission to mediation or a written request for mediation pursuant to these rules, together with the $325 nonrefundable case set-up fee. Where there is no submission to mediation or contract providing for mediation, a party may request the AAA to invite another party to join in a submission to mediation. Upon receipt of such a request, the AAA will contact the other parties involved in the Dispute and attempt to obtain a submission to mediation. 3. Request for Mediation A request for mediation shall contain a brief statement of the nature of the Dispute and the names, addresses, and telephone numbers of all parties to the Dispute and those who will represent them, if any, in the mediation.

10 The initiating party shall simultaneously file two copies of the request with the AAA and one copy with every other party to the Dispute . 4. Appointment of Mediator Upon receipt of a request for mediation, the AAA will appoint a qualified mediator to serve. Normally, a single mediator will be appointed unless the parties agree otherwise or the AAA determines otherwise. If the agreement of the parties names a mediator or specifies a method of appointing a mediator, that designation or method shall be followed. 5. Qualifications of Mediator No person shall serve as a mediator in any Dispute in which that person has any financial or personal interest in the result of the mediation, except by the written consent of all parties. Prior to accepting an appointment, the prospective mediator shall disclose any circumstance likely to create a presumption of bias or prevent a prompt meeting with the parties.