Arbitration Agreement - Expedited Process
There are many situations where a fast and definite decision is wanted by all concerned. That is what I offer as an arbitrator. The procedure I typically use is designed for people who just want to come in and be heard, and then have a decision made for them. I have used this for family disputes about parenting time and for financial issues. I have also used this for commercial matters.
The “Arbitration Agreement” shown at the end of this page is one that I have used in cases where parties have appeared both with and without lawyers. It is simple and does not disadvantage people who want to represent themselves. After all, both sides have to agree to an “Arbitration Agreement” even when they agree on nothing else.
My “Arbitration Agreement” sets out rules for a fast process without formal discovery. The underlying basis for my decision is the law as it is applied in the State of Colorado. Nothing prevents evidence from being questioned, but I ask for a plain English explanation about why I should disregard something, so that unrepresented parties are not hamstrung by intricate evidentiary rules. The process that I offer is drawn from Colorado’s rules for traffic infraction hearings, because they are the one part of Colorado’s legal procedure that is designed for a situation where many people represent themselves.
For lawyers working on cases where both parties are represented, and when a more deliberate process is required, my preference is to use a court-like procedure with the full Colorado Rules of Civil Procedure and the Colorado Rules of Evidence. Discovery, disclosure, and pre-trial management can all be included there. I used to be a judicial officer and so working in that environment presents no difficulty for me. As the court rules are already public, I am always happy to work with counsel to incorporate them to an arbitration agreement designed to meet the needs of a specific case.
I do not require a retainer when I work as an arbitrator. I work at a $250 per hour, and require a two-hour minimum payment to begin the hearing, much as I do in mediation. After the hearing I will work on the Award and then invoice the parties after the written decision is completed. However, I do not release my decision until I am paid in full by one or both parties.
At present, I am only working by Zoom.us video conference. My fee is for my time only, and if we ever go back to in-person hearings, my fee will not include the conference room or other space in which the hearing is held.
The “Arbitration Agreement” shown at the end of this page is one that I have used in cases where parties have appeared both with and without lawyers. It is simple and does not disadvantage people who want to represent themselves. After all, both sides have to agree to an “Arbitration Agreement” even when they agree on nothing else.
My “Arbitration Agreement” sets out rules for a fast process without formal discovery. The underlying basis for my decision is the law as it is applied in the State of Colorado. Nothing prevents evidence from being questioned, but I ask for a plain English explanation about why I should disregard something, so that unrepresented parties are not hamstrung by intricate evidentiary rules. The process that I offer is drawn from Colorado’s rules for traffic infraction hearings, because they are the one part of Colorado’s legal procedure that is designed for a situation where many people represent themselves.
For lawyers working on cases where both parties are represented, and when a more deliberate process is required, my preference is to use a court-like procedure with the full Colorado Rules of Civil Procedure and the Colorado Rules of Evidence. Discovery, disclosure, and pre-trial management can all be included there. I used to be a judicial officer and so working in that environment presents no difficulty for me. As the court rules are already public, I am always happy to work with counsel to incorporate them to an arbitration agreement designed to meet the needs of a specific case.
I do not require a retainer when I work as an arbitrator. I work at a $250 per hour, and require a two-hour minimum payment to begin the hearing, much as I do in mediation. After the hearing I will work on the Award and then invoice the parties after the written decision is completed. However, I do not release my decision until I am paid in full by one or both parties.
At present, I am only working by Zoom.us video conference. My fee is for my time only, and if we ever go back to in-person hearings, my fee will not include the conference room or other space in which the hearing is held.
| arbitrationletter.pdf |