Arbitration Agreements and Rules
Arbitration can be a uniquely flexible tool for resolving disputes, because the parties can design their own procedures to fit the dispute. As an arbitrator since 1989, I am familiar with and have conducted hearings in accordance with both American Arbitration Association and FINRA Dispute Resolution, Inc. Arbitration Rules. The parties can choose (within the limits of their pre-dispute arbitration agreement, if any) to have their hearing conducted under those rules or agree to special rules that, for example, may place time limits on hearings, limit discovery, or conduct small cases 'on the papers' or by a telephone hearing.
Arbitration Logistics
I request that the parties agree upon (or toss a coin to determine) the location of their arbitration, preferably in one of the attorneys’ offices. If the parties cannot agree on a location, with advance notice I may be able to provide arbitration and mediation space in downtown Seattle through the Cable Langenbach Kinerk & Bauer LLP law firm. For matters involving large numbers of parties, it may be necessary to rent meeting space at the parties' cost. Please let me know as soon as possible if you anticipate difficulty in setting the location of your matter.
Arbitration Fees and Payment
My hourly rate is $300 per hour. I charge for time incurred in preparation, prehearing conferences, motions, the actual hearing, decision, and preparation of a written award. I charge out of pocket travel costs for arbitrations outside the Seattle area, but do not charge for travel time.
No case should fail to be resolved because of the cost of resolving the dispute. To that end, I offer a $1,500 fixed fee option that covers preparation for and conducting up to a six hour, single day hearing in cases that involve initial damage demands of less than $100,000, exclusive of claims for attorneys’ fees and exemplary damages. Arbitrations conducted 'on the papers' are charged at my hourly rate for review, decision, and preparation of award.
For Seattle arbitrations, a deposit of $3,000, divided among the parties is due at least ten days prior to the arbitration. A higher deposit may be required for out of town arbitrations. Deposits are refunded if the parties provide notice of cancellation at least seven days’ prior to the hearing, or if I am able to fill the day with another engagement.