Agreement for Equitable Arbitration
Pursuant to Massachusetts General Laws, Chapter 251 (“c. 251”), the parties named in this Agreement hereby submit the dispute described below in Paragraph 14 to the arbitration of Peter Contuzzi (the “arbitrator”). This process has been specifically designed for disputes where issues of importance to the parties are not well-addressed by money damages alone.
1. The arbitrator’s Award shall be final and binding. A judgment may be entered on the Award in any court of competent jurisdiction.
2. Prior to the hearing, the arbitrator shall disclose any interest or relationship which might affect his neutrality. He shall notify the parties of the time and place of the hearing via first class mail, fax or e-mail.
3. Although the hearing may be conducted by the arbitrator in any manner which permits a fair presentation of the case by the parties, the normal sequence shall be as follows: opening statements, Claimant’s presentation and witnesses, cross-examination, Respondent’s presentation and witnesses, cross-examination, closing arguments. Parties wishing a stenographic record shall make their own arrangements directly with the stenographer.
4. The hearing may proceed in the absence of any party who, after execution of this Agreement and reasonable notice of the hearing, fails to attend. The arbitrator shall require parties who are present to submit such evidence as the arbitrator deems necessary for the making of an Award.
5. a) This hearing process is designed to allow parties and their witnesses to testify without unnecessary interruption, and conformity to legal rules of evidence shall not be required.
b) Subpoenas may be issued for the attendance of witnesses and for the production of documents and other evidence in accordance with c. 251 sec. 7. Any person authorized by law to subpoena witnesses or documents may do so upon the request of any party.
c) The expenses of witnesses shall be paid by the party producing those witnesses.
d) Any party intending to offer written evidence must provide the other parties (but not the arbitrator) with a copy at least ten calendar days before the hearing. Any party determined by the arbitrator to be responsible for causing the postponement or cancellation of a hearing because of failure to comply with this section shall be subject to forfeiture of its entire hearing fee.
e) At least two days before the hearing, each party shall provide to the arbitrator and to other parties a Memorandum setting forth its summary of the case. This Memorandum shall be limited to five pages, unless the parties mutually agree in writing to a different limit.
6. During or after the hearing, the parties shall provide the arbitrator with copies of any statutes, case law, equitable considerations, etc., which they wish him to consider. If they wish to have exhibits returned, they shall provide him with a self-addressed envelope suitable for that purpose.
7. Upon determining that the parties’ presentations are concluded, the arbitrator shall declare the hearing closed.
8. The arbitrator may grant any remedy or relief, including specific performance of a contract, which he deems just and equitable and within the scope of the Agreement. The Award shall be in writing and signed by the arbitrator. Unless otherwise stipulated, it shall be delivered via first class mail, fax, or e-mail to the addresses listed below and rendered within seven days after the arbitrator’s fees have been paid by all parties.
9. The arbitrator shall interpret and apply the procedures set forth in this Agreement.
10. The arbitrator shall not be a necessary party in any judicial proceedings relating to this arbitration. He shall not be liable to any party for any act or omission in connection with services performed under this Agreement.
11. a) Fees: $1,850 per party (reduced by $350/party for the Springfield-Deerfield area) for a six hour hearing. If the parties provide the location, the fee is reduced by $100/party.
b) Additional time (e.g., additional hearing time, review of evidence, etc.) is billed at $500/hour equally divided by the number of parties. Reasonable expenses incurred by the arbitrator shall be equally divided.
12. Cancellation/Postponement - the party responsible for the cancellation/postponement is charged:
a) one-fourth of its hearing fee if there is less than 15 days but more than 48 hours notice;
b) its full hearing fee if there is less than 48 hours notice. If the parties dispute responsibility, or if the case settles, they divide the charge equally.
13. All amounts owed shall be paid by attorney check. Any amounts billed are due within 15 days of the billing date. Unpaid amounts bear interest at 1% per month. All costs of collecting accounts, including attorneys’ fees, shall be paid by the debtor.
14. The parties jointly stipulate to the following description of the dispute submitted to arbitration: (put in "Comments" box on Scheduling page)
Pursuant to Massachusetts General Laws, Chapter 251 (“c. 251”), the parties named in this Agreement hereby submit the dispute described below in Paragraph 14 to the arbitration of Peter Contuzzi (the “arbitrator”). This process has been specifically designed for disputes where issues of importance to the parties are not well-addressed by money damages alone.
1. The arbitrator’s Award shall be final and binding. A judgment may be entered on the Award in any court of competent jurisdiction.
2. Prior to the hearing, the arbitrator shall disclose any interest or relationship which might affect his neutrality. He shall notify the parties of the time and place of the hearing via first class mail, fax or e-mail.
3. Although the hearing may be conducted by the arbitrator in any manner which permits a fair presentation of the case by the parties, the normal sequence shall be as follows: opening statements, Claimant’s presentation and witnesses, cross-examination, Respondent’s presentation and witnesses, cross-examination, closing arguments. Parties wishing a stenographic record shall make their own arrangements directly with the stenographer.
4. The hearing may proceed in the absence of any party who, after execution of this Agreement and reasonable notice of the hearing, fails to attend. The arbitrator shall require parties who are present to submit such evidence as the arbitrator deems necessary for the making of an Award.
5. a) This hearing process is designed to allow parties and their witnesses to testify without unnecessary interruption, and conformity to legal rules of evidence shall not be required.
b) Subpoenas may be issued for the attendance of witnesses and for the production of documents and other evidence in accordance with c. 251 sec. 7. Any person authorized by law to subpoena witnesses or documents may do so upon the request of any party.
c) The expenses of witnesses shall be paid by the party producing those witnesses.
d) Any party intending to offer written evidence must provide the other parties (but not the arbitrator) with a copy at least ten calendar days before the hearing. Any party determined by the arbitrator to be responsible for causing the postponement or cancellation of a hearing because of failure to comply with this section shall be subject to forfeiture of its entire hearing fee.
e) At least two days before the hearing, each party shall provide to the arbitrator and to other parties a Memorandum setting forth its summary of the case. This Memorandum shall be limited to five pages, unless the parties mutually agree in writing to a different limit.
6. During or after the hearing, the parties shall provide the arbitrator with copies of any statutes, case law, equitable considerations, etc., which they wish him to consider. If they wish to have exhibits returned, they shall provide him with a self-addressed envelope suitable for that purpose.
7. Upon determining that the parties’ presentations are concluded, the arbitrator shall declare the hearing closed.
8. The arbitrator may grant any remedy or relief, including specific performance of a contract, which he deems just and equitable and within the scope of the Agreement. The Award shall be in writing and signed by the arbitrator. Unless otherwise stipulated, it shall be delivered via first class mail, fax, or e-mail to the addresses listed below and rendered within seven days after the arbitrator’s fees have been paid by all parties.
9. The arbitrator shall interpret and apply the procedures set forth in this Agreement.
10. The arbitrator shall not be a necessary party in any judicial proceedings relating to this arbitration. He shall not be liable to any party for any act or omission in connection with services performed under this Agreement.
11. a) Fees: $1,850 per party (reduced by $350/party for the Springfield-Deerfield area) for a six hour hearing. If the parties provide the location, the fee is reduced by $100/party.
b) Additional time (e.g., additional hearing time, review of evidence, etc.) is billed at $500/hour equally divided by the number of parties. Reasonable expenses incurred by the arbitrator shall be equally divided.
12. Cancellation/Postponement - the party responsible for the cancellation/postponement is charged:
a) one-fourth of its hearing fee if there is less than 15 days but more than 48 hours notice;
b) its full hearing fee if there is less than 48 hours notice. If the parties dispute responsibility, or if the case settles, they divide the charge equally.
13. All amounts owed shall be paid by attorney check. Any amounts billed are due within 15 days of the billing date. Unpaid amounts bear interest at 1% per month. All costs of collecting accounts, including attorneys’ fees, shall be paid by the debtor.
14. The parties jointly stipulate to the following description of the dispute submitted to arbitration: (put in "Comments" box on Scheduling page)
