Notice & Request for Arbitration – Response Required ...

1 Notice of Request for Arbitration , page 1 2013 Stephen Gaddis Notice & Request for Arbitration Response Required within 10 Days Date: To: Gaddis Arbitration Service and the Opposing Party (attorney, if represented)in the case of: _____. The undersignedrequests to have one or more issues arbitrated in this case. This letter notifies you and the arbitrator of the Request and sets a Response period according to the Arbitration rules. IMPORTANT Notice : If the other party (person not requesting Arbitration ) does not answer this Notice or object to the Request (s)sought within the time indicated, the Arbitrator may conclude that there is no objection to the relief sought and may proceed to enter an Arbitration Award (written decision) based upon the Notice and its supporting documentation.

2 1. Contact Information for Person (Party) Requesting Arbitration : Name: _____ Phone Number: _____ Mailing Address: _____ E-mail Address: _____ 2. Other Party s (Party Having to Respond) Contact Information: Other s Name: _____ Phone Number: _____ Other s Mailing Address: _____ Other s E-mail Address: _____ 3. If Either Party Represented by a Lawyer: Requesting Party s Lawyer s Name: _____ Phone Number: _____ Lawyer s Mailing Address: _____ Lawyer s E-mail Address: _____ Responding Party s Lawyer: _____ Phone Number: _____ Other s Lawyer s Mailing Address: _____ Other s Lawyer s E-mail Address: _____ 4. Issues and Requested Outcomes: Arbitration is requested on the following issues: a. b. c. 5. Prior Consultation/Agreement to Arbitrate: The parties have, or have not already communicated in an attempt to resolve the matters or narrow the issues listed above.

3 GaddisMediation & Arbitration Mail: Suite B-1, #177,15600 NE 8thSt,Bellevue, WA98008 Dates & Notice of Request for Arbitration , page 2 2013 Stephen Gaddis 6. Dispute Resolution Process Now in Effect or Required by a Document or Court Order. Check one box below: a. The Civil Rule2A Stipulation, Settlement Agreement or Parenting Plan requires Arbitration (please attach or enclose a copy of the document so providing) b. Attached is a Stipulation for Arbitration or a court Order to Arbitrate c. Please send us a Stipulation to Arbitrate form to use and sign in this matter 7. Readiness to Arbitrate. If there already is an agreement or court order in effect, the Arbitrator may proceed upon the Request of one party alone. If Arbitration is court-ordered, the order may set the terms and rules of Arbitration (rather than the Arbitrator or the parties doing so by agreement privately), and the court may award fees against the resisting party for the necessity of having to bring a Motion to Compel Arbitration , if such a motion is Required .

4 8. Type of Arbitration Proceeding Requested by Hearing Type. Check the one desired: In-Person Arbitration Hearing. An In-Person hearing is usually necessary if there is testimony to be taken or if the issues are numerous or complex. Note: while live testimony may be taken, experience in many cases has shown that usually the presentation by the attorneys(with the parties available to testify as necessary to complete the record or to provide information) is sufficient. Experts usually testify by report or declaration. Telephone Arbitration Hearing. This type of proceeding is appropriate when the issues are fewer in number and the oral presentations (argument of attorneys and statements of parties) will suffice in providing the arbitrator with the information Required for an informed and fair decision.

5 Arbitration on Documents Alone. This type of proceeding is appropriate when the issues are relatively straight-forward, such as (1) determining the specific language Required to give effect to the terms of an agreement or order,(2) approving the form and content of court documents, (3) applying the terms or conditions of a Parenting Plan or agreement to a particular issue, or(4) in clarifying the terms of an existing written agreement or court order. Testimony. Do you or the other party wish to testify? Yes; or No. Do you or the other parties wish to call other witnesses? Yes; or No. 9. Case Schedule: Exchange of Information and Selection of Time for Hearing Date. Discovery. Discovery is complete, OR, we envision the need for _____ additional weeks to complete the exchange of documents/information (discovery) Required for a fair hearing.

6 Exchange of Materials. We expect to exchange Pre- Arbitration materials _____ days prior to the hearing. One week in advance is the default unless both sides agree to another time period. Hearing Date. We would like to have a hearing date (specify time range): _____. Notice of Request for Arbitration , page 3 2013 Stephen Gaddis 10. Refundable, Good Faith Deposit Required to Initiate Process. Check the applicable box: A refundable (to the extent not used or awarded) deposit of $750 per side is Required for an In-Person Arbitration , as the proceeding may take up to four hours of time. This amount is being sent to Gaddis Arbitration by check or credit card (call us) under separate cover. A refundable (to the extent not used or awarded) deposit $500per side is Required for a Telephone Arbitration .

7 These proceedings may require a total of two-three hours time including review of documentation, hearing preparation, time for the hearing itself and the decision-writing thereafter. This amount is being sent to Gaddis Arbitration by check or credit card (call us) under separate cover. A refundable (to the extent not used or awarded) deposit of $375 per side is Required for a Documents-Only Arbitration . These proceedings usually require up to two hours of time for review of Pre- Arbitration correspondence, review and analysis of documents, and writing of the award. This amount is being sent to Gaddis Arbitration by check or credit card (call us) under separate cover. 11. Nature and Formality of Decision. The cost of a proceeding in large part reflects the degree of formality of the hearing, the time Required for the hearing and the time Required for writing the Award (decision).

8 The parties may agree on full formality or a lesser degree of formality that is both more time and cost-efficient. Applicant requests the following: In-Person Arbitration and Telephone Arbitrations. For these we provide a formal decision in court pleading format, sufficient for filing with Superior Court or inclusion/attachment to a court order, unless the parties agree to an option described below. TelephoneorDocument-OnlyArbitrations. For these we provide a brief, informal narrative letter-style decision to advise each side of our understanding of the issues, the outcomes decided and the principle reasons upon which the decision is based. An informal letter decision requires less time, hence is less expensive. It may be expanded into a formal written decision later upon Request and payment by the requesting person.

9 Final Document Approval Arbitrations. If the dispute is limited to the proposed language of a document or in which a choice of documents which most reflects the agreement of the parties, a brief e-mail or letter ruling summarily explaining the decision and its basis is appropriate. Alternatively, if there are few or no changes to a document Required , the Arbitrator may sign the document attesting to its accuracy or attach a Certification of Arbitrator that the document or provision presented is in conformity with the agreement of the parties and/or the decision of the Arbitrator. 12. Nature of Proceeding. Unless agreed or determined otherwise, the Arbitration proceeding will follow the rules and provisions of the Uniform Arbitration Act (Chapter of the Revised Code of Washington), rather than those of a contract or court-rule mandatory Arbitration .

10 At the initiation of the proceeding, the arbitrator will circulate guidelines (rules). Notice of Request for Arbitration , page 4 2013 Stephen Gaddis 13. Appeal or Motion to Modify Award. The finality of the decision and the cost of the proceeding will increase in relation to the degree of appeal-ability of the award. The decision to waive or limit the right of appeal/modification is usually based upon the magnitude of the issues, the amount that parties are prepared to pay and the urgency of the matters to be determined. Following are the choices available and a paraphrase of their effects: a. Waive the right of appeal/modification of the Award the parties agree that the Award will be a final, binding decision that they will each immediately comply with.