Arbitration

The arbitration process consists of a hearing, normally including the examination and cross-examination of witnesses, followed by an award from the arbitrator which is final and binding regarding all matters submitted. It is less formal than a trial in court, and the rules of evidence do not apply.

My arbitration hearings are limited to civil cases in which the hearing can be completed in one day or less. Procedures are set forth in the Agreement for Arbitration that I use, a copy of which follows:

AGREEMENT FOR 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 Attorney Peter Contuzzi (the "arbitrator"). The parties shall set forth in an attached Appendix any terms to supplement or supersede the following terms:

1. The parties agree that the arbitrator's Award shall be final and binding and that 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, telephone or e-mail.

3. Athough 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) The arbitrator shall be the sole judge of the relevancy and materiality of the evidence offered, 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 with a copy at least ten calendar days before the hearing. The arbitrator shall resolve any dispute regarding this information exchange. 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.

6. The parties shall provide the arbitrator with copies of any statutes, case law, 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 or fax to the addresses listed below and rendered within fifteen days after the close of the hearing.

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) Hearing Fees: HALF DAY - Springfield/Northampton (2 ½ hours) - $500 per law firm
Other Western Massachusetts locations, Worcester or Hartford (3 ½ hours) - $800/firm; Boston area (3 ½ hours) - $900/firm
FULL DAY (up to 6 hours): $1,500/firm ($1,250/firm for Western Massacusetts locations, i.e., west of Worcester County)
Full day fees are reduced by $300/firm if there are four or more law firms paying them.
b) Additional time (e.g., additional hearing time, review of evidence, etc.) is billed at $400/hour equally divided by the number of firms. Reasonable expenses incurred by the arbitrator shall be equally divided.

12. Cancellation/Postponement - if the reserved date cannot be filled with another case, 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. Description of Dispute Submitted to Arbitration:

Attach an extra sheet ("APPENDIX") if more than two parties are involved or to set forth any terms to supplement/supersede this Agreement for Arbitration.

Qualifications || Scheduling & List of Available Dates
Mediated Negotiation || Participant Disclosure Form
Fees || Article || Home Page

70 Massasoit Street, Northampton, Massachusetts 01060
413-586-8030 | fax:413-586-8032 | pc@contuzzi.com | www.contuzzi.com