Procedures & rules for binding arbitration

 
We, the undersigned, agree to the following terms in connection with the alternative dispute resolution services rendered by LES PONOMARCHUK of PONOMARCHUK ARBITRATON MEDIATION (“the arbitrator”):
 

1. Fees and Costs.  Fees and costs for the arbitration shall be in accordance with the Arbitration Fee Agreement provided herewith.
    

2. Witnesses.  Testimony will be via Zoom format unless alternative arrangement have been agreed to beforehand with the arbitrator.  If the parties anticipate a significant number of witnesses, then a pre-arbitration conference may be held to discuss the handling of witnesses.  In general, declarations may be substituted for testimony provide, however, the declarations are to be provided to the other party before the arbitration.  If there are unusual procedural needs, either party may request a pre-arbitration conference.  Any disputes regarding testimony of witnesses shall be determined by the arbitrator.
    

3. Contact with Arbitrator.  There will be no direct contact by either party or their attorneys regarding the merits of any issues.  Direct contact with the arbitrator’s office will be limited solely to scheduling issues.  This is to be done with Jacqueline and all emails sent to admin@lespono.com.  All communications with the arbitrator shall be in writing with copies forwarded to the other party or their attorney.  Copies of any documents sent to the arbitrator must reflect on their face that a copy was sent to the other party.  Any written material sent to the arbitrator that does not reflect that it was sent to the other party will be disregarded by the arbitrator.  Neither party will leave a voice mail message for the arbitrator regarding any of the issues to be resolved in the arbitration.
    

4. Default.  If there is an order requiring arbitration and one party requests arbitration, the arbitrator will schedule an arbitration hearing. If the other party fails to respond or attend the arbitration, the arbitrator may proceed to rule on the request.
    

5. Authority Regarding Parenting Plan.  Absent written agreement of the parties, the arbitrator does not have authority to modify a Parenting Plan.  Absent written agreement of the parties, the arbitrator’s authority is limited to clarifying and interpreting the Parenting Plan.  The arbitrator does not have authority to hold either party in contempt for violation of a Parenting Plan.
    

6. Agreement of Parties as to Finality of Rulings.   Except for arbitration of parenting plan issues, both parties agree that the arbitration ruling is binding, subject to the specific rights of appeal enumerated in R.C.W. 7.04A.  Parenting Plan issues will be arbitrated in accordance with R.C.W. 26.09 and will be binding if neither party files a motion for de novo review with the court within fifteen (15) days of the date of the arbitrator’s final decision.  If either party does not timely file a motion with the court, the arbitrator’s decision shall remain in full force and effect pending written agreement of the parties or the Court Order to the contrary.
    

7. Decision.  The arbitration decision will be issued in writing and provided to both attorneys.  It will be up to the parties and their attorneys to have the arbitrator’s award confirmed with the Court.  All fees must be paid in full prior to the arbitration decision being released.
    

8. Reconsideration.  Either party may request reconsideration or clarification of the arbitration decision in accordance with Civil Rule 59.  If there are any inconsistencies between Civil Rule 59 and R.C.W. 7.04A and this agreement, the provision of this paragraph is controlling.  Such request is to be made, in writing, within ten (10) calendar days from the date of mailing and/or emailing (whichever is earlier) of the arbitration decision.  A copy must be concurrently sent to the arbitrator and the other party.  If the arbitrator determines that the request is without merit, the arbitrator will enter a decision denying the request for reconsideration and will advise the responding party that no response is necessary.  Unless otherwise advised by the arbitrator, any response to a request for reconsideration must be provided to the arbitrator and the other party no later than ten (10) calendar days from the date of mailing of the request for reconsideration.  Responses will be limited to responding to issues raised by the initiating party and will not raise new issues. No reply by the requesting party or further submissions by either party will be submitted or considered unless authorized or requested by the arbitrator.  Unless otherwise determined by the arbitrator, all proceedings with regard to a request of reconsideration will be done in writing and there will be no oral presentations.  The arbitrator’s ruling shall remain in full force and effect pending arbitrator’s ruling on the request for reconsideration.
    

9. Termination of Arbitration.  The arbitrator may terminate the arbitration if the arbitrator finds that either party is operating in bad faith.  In that event, the arbitrator may enter into the court record a written decision stating the basis for such finding.
    

10. No conflict of interest.  Arbitrator is not aware of any facts likely to affect his impartiality as arbitrator in this case.  He does not have any known financial or personal interest in the outcome of the proceeding, nor does arbitrator know of any contact that would affect his impartiality.  However, given the volume of trials, motions and other hearings that where conducted by the arbitrator, it is likely that the arbitrator has conducted trials and motions with the attorneys participating in this arbitration or with other members of their firms, or that arbitrator may have participated in social functions, or functions associated with professional organizations in which the attorney or attorneys involved in this matter have also participated.  Any person who wishes further detail or who believes arbitrator may have had additional past relationships with the parties, counsel or witnesses in this arbitration should inform PONOMARCHUK ARBITRATION MEDIATION as soon as possible so that this may be disclosed.