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My contract to serve as an Arbitrator


John B. Baugh


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 strictly apply. As a preliminary step toward retaining John Baugh as arbitrator, counsel are requested to forward information disclosing parties, witnesses and insurers so that any conflicts may be identified.

My arbitration hearings are limited to civil cases. Procedures are set forth in the Agreement for Arbitration that I use, a copy of which follows:


Pursuant to the Code of Alabama, §6-6-1 et seq., and/or the Federal Arbitration Act, 9 U.S.C. 1 et seq., the parties named in the Agreement hereby submit the dispute described below in Paragraph 14 to the arbitration of Attorney John B. Baugh (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. 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 statement, 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 the 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 in accordance with §6-6-7, 6-6-8, or Sec. 7 of the FAA. Any person authorized by law to subpoena witnesses 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. The award will usually only note the prevailing party and the amount or relief awarded. If the parties desire findings of fact, conclusions of law, reasoning, or legal precedents relied upon, they should specify that desire in paragraph 14 of this agreement.

9. The arbitrator shall interpret and apply the procedures set forth in this Agreement. There can be no ex parte telephone calls or other communication with the arbitrator.

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 (up to 3 hours): $225 per firm or party. FULL DAY (up to 6 hours): $450 per firm or party. The "half day" fee shall be paid by each party on or before the day the hearing is scheduled. Any excess payments will be refunded to the parties.

b) Additional time (e.g., additional hearing time, review of evidence, etc.) is billed at $150/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-half of its hearing fee if there is less than 15 days but more than 2 days notice;

b) its full hearing fee is there is 2 days or less 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. All costs of collecting accounts, including attorneys' fees, shall be paid by the debtor.

14. In the space provided below or on an additional sheet of paper, the parties must generally describe the dispute to be arbitrated. The parties are encouraged to make their Arbitration Agreement as thorough as possible. In a private arbitration, the precise terms, constraints, limitations on damages, and scope and extent of the issues to be arbitrated as set forth in the Arbitration Agreement, govern the arbitration proceeding and the Decision and Award. The parties are free to determine the procedure of the arbitration (if different than the procedure stated in paragraph 3 above). If the parties’ underlying contract to arbitrate disputes refers to the utilization of a particular set of procedures (such as AAA rules), those will be followed unless the parties agree otherwise. If the parties cannot agree on particular rules or procedures, the arbitrator will follow his standard procedures as set out in this agreement and/or any rules or procedures that he deems fair and appropriate.









































____________________________ ________________________________________

Date Claimant, or Claimant’s Attorney


____________________________ ________________________________________

Date Respondent, or Respondent’s Attorney