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CONFLICT SOLUTIONS OF TEXAS
RULES OF ARBITRATION

INTRODUCTION – Increasingly, disagreements among and between businesses and individuals are being submitted to binding arbitration. Most often, arbitration has been provided for in a pre-dispute written agreement between the parties. With greater and greater frequency, however, parties are electing arbitration as a means of resolving existing disputes. This would appear to occur more frequently when the conflict between the parties involves complex or technical issues of fact and/or law – or when time is of particular importance in resolving the matter.

Conflict Solutions of Texas is a company conceived and created for the purpose of providing arbitration and related mediation services utilizing simplified and cost-effective rules and procedures – implemented and enforced by members of a highly qualified and experienced arbitration panel. In the creation of this panel, Conflict Solutions of Texas has enlisted the services of members of the legal, judicial, and business community possessing the highest levels of integrity and commitment to fairness and justice.

The rules and protocols of Conflict Solutions of Texas are designed specifically to accomplish:

Cost effectiveness through an emphasis on simplified and expedited discovery and modes of presentation of evidence;
The exercise of broad discretion on the part of our arbitrators to prevent the arbitration process becoming merely “private litigation” with its attendant time delays and mounting costs associated with formalized discovery procedures and the redundant presentation of evidence;
Early resolution of disputes through the use of mediation as one of the scheduled events in the arbitration process;
Cost predictability through utilization of an estimate of costs and expenses developed at the initial conference and followed-up by monthly accounting;
Delivery of quality arbitration and mediation services pro bono or at greatly reduced rates to individuals who cannot afford the process, but are mandated to engage in arbitration by contract;
Final award in unsettled cases within six to nine months of the initial conference.

NO FILING OR ADMINISTRATIVE FEES - Conflict Solutions of Texas charges no fees to the parties utilizing its services. Compensation for our case management activities is provided by our panel members whose hourly rates are known to our clients in advance of the selection process.

ARBITRATION RULES

AR–1 Adoption by Parties – These rules shall be treated as if adopted in full by the parties whenever they have entered into an agreement providing for arbitration by, or under the auspices of, Conflict Solutions of Texas. They may be varied by the parties only through written agreement approved by the arbitrator. It is further deemed agreed by the parties that in appropriate cases, in which no disclosed claim, cross claim or counterclaim exceeds $50,000, exclusive of interest, the arbitrator may vary these rules at his or her discretion in order to expedite the arbitration in consideration of the circumstances of the parties and in the interest of justice.

AR–2 Arbitration Panel - Conflict Solutions of Texas shall maintain a panel of arbitrators/mediators whose curriculum vitae and fee schedule will be posted on its website ( ), and upon request shall be furnished to the parties and their attorneys in written form in order to aid the selection process as described more fully in AR – 5.

AR-3 Initiation of Arbitration Services – The services of Conflict Solutions of Texas may be initiated in one of two ways:

1. Mandated Arbitration – In arbitration mandated by any pre-dispute agreement, a party seeking arbitration shall give written Notice of Demand and Intention to Arbitrate to the other party or parties to the agreement within the time provided for in the agreement for such action. The Notice shall set out fully and clearly the nature of the dispute, together with the names, addresses, email addresses and telephone numbers of all parties to the dispute, the monetary amount sought and/or a description of any non-monetary relief sought. The Notice shall also designate the location of the arbitration hearing provided for in the agreement or, if no location is provided for, shall contain a request for a hearing location.

(a) The Notice of Demand and Intention to Arbitrate must be filed with Conflict Solutions of Texas in order to initiate the arbitration process. Conflict Solutions of Texas will acknowledge receipt of such filing and advise all parties of the manner in which all future filings, notices, requests for hearing or any other relief in the matter may be made electronically with assured confidentiality. Thereafter, all filings, notices or other communications in the matter will be made electronically if at all possible.

(b) A respondent may file an Answering Statement with Conflict Solutions of Texas within fifteen (15) days after receiving Notice of Demand and Intention to Arbitrate. The responding party or parties shall at the time of any such filing send a copy of the Answering Statement to all other parties. The Answering Statement should contain a full and clear description of all legal and factual defenses and, if counterclaims or cross claims are asserted, it shall contain a statement setting forth the nature of such cross claim or counterclaim, the amount involved, if any, and the remedy sought. If no Answering Statement is filed within the stated time, the respondent will be deemed to have denied the claim. In any event, failure to file an answering statement or response by any party shall not operate to delay the arbitration process.

(c) Prior to the appointment of the arbitrator(s), this same filing process shall be followed with regard to any amended claim, cross claim or counterclaim. No amendment of claim or response will be permitted after the appointment the arbitrator without the consent of the arbitrator or written agreement of all parties.

2. Elective Arbitration

(a) Parties electing to arbitrate an existing dispute may commence the arbitration process invoking these rules by submitting joint or separate written statements of Intention to Arbitrate setting out fully the matters described in AR-3(1).

(b) A respondent may file an Answering Statement with Conflict Solutions of Texas within fifteen (15) days after receiving Notice of Demand and Intention to Arbitrate. The responding party or parties shall at the time of any such filing send a copy of the Answering Statement to all other parties. The Answering Statement should contain a full and clear description of all legal and factual defenses and, if counterclaims or cross claims are asserted, it shall contain a statement setting forth the nature of such cross claim or counterclaim, the amount involved, if any, and the remedy sought. If no Answering Statement is filed within the stated time, the respondent will be deemed to have denied the claim. In any event, failure to file an Answering Statement or response by any party shall not operate to delay the arbitration process.

AR-4 Large or Complex Cases – Any matter involving a disclosed claim, cross claim or counterclaim involving at least $1,000,000.00 shall be designated a Large or Complex Case. Such cases shall be heard and determined by either one or three arbitrators as may be agreed upon by a majority of the parties. If a majority of the parties are unable to agree upon the number of arbitrators in a Large or Complex Case, then three arbitrators shall hear and determine the case. Selection of the arbitrator or arbitrators in Large or Complex Cases shall be accomplished as provided for in AR-5.

AR-5 Appointment of Arbitrator(s) – Unless otherwise mandated by any pre-dispute agreement, the appointment of an arbitrator or, where appropriate, three arbitrators shall be accomplished as follows:

1. Ideally, the parties will agree upon an arbitrator or, where indicated, three arbitrators from the Conflict Solutions of Texas arbitration panel after review of the credentials, stated rate of compensation and qualifications of such panel members which may be obtained online at (________) or which will be furnished upon request from Conflict Solutions of Texas. If, after full disclosure and in the event no conflict of interest exists (see AR-8), the parties continue to agree upon the arbitrator or arbitrators selected, Conflict Solutions of Texas will appoint such arbitrator or arbitrators to determine the matter in dispute and give notice of such appointment to the arbitrator or arbitrators selected and the parties.

2. If the parties fail to agree to an arbitrator or, where indicated, three arbitrators, within 10 days after the required date for the filing of the last response as provided in AR-3(1)(b) or AR-3(2)(b), then each party shall submit a list of 10 arbitrators from Conflict Solutions of Texas’ Panel in order of preference to Conflict Solutions of Texas no later than 20 days from the required date for filing of the last response as provided in AR-3(1)(b) or AR-3(2)(b). If a party does not furnish the list of preferred arbitrators, within the time specified, all persons and the Conflict Solutions of Texas Panel shall be deemed acceptable to that party. In accordance with the parties expressed order of preferences, Conflict Solutions of Texas will invite the acceptance of an arbitrator or arbitrators to serve, choosing from the list provided by the parties. If the parties fail to agree to the person or persons named, or if the selected arbitrator(s) are, for any reason, unable or unwilling to serve, Conflict Solutions of Texas shall have the power to make the appointment from other qualified members of its panel without the approval of the parties – provided, of course, that no conflict of interest or other reason for disqualification is shown to exist.

3. If, for any reason an arbitrator or group of arbitrators has not been selected utilizing the procedures set out in AR-5 1. or 2. within thirty days of the time for filing the last response as provided for in this Rule, then Conflict Solutions of Texas, acting through its authorized and designated representative, shall appoint an arbitrator or, if appropriate, three arbitrators from its arbitration panel that, in its sole judgment, after full disclosure and conflict check qualify to arbitrate the matter in dispute.

4. If the parties are pursuing arbitration pursuant to a pre-dispute contractual arbitration agreement, and have not entered into a new agreement to arbitrate under the auspices of Conflict Solutions of Texas, the provisions of such pre-dispute agreement regarding the appointment of an arbitrator or arbitrators will be followed under the auspices of Conflict Solutions of Texas. At the request of any party, Conflict Solutions of Texas will furnish a list of its panel members from which the party may make their appointment. If any party has failed to designate an arbitrator or arbitrators, pursuant to such pre-dispute provision within thirty days of the time for filing the last response as provided for in AR-3(1)(b), or the time specified in the pre-dispute agreement (whichever is later), Conflict Solutions of Texas shall make the appointment(s) at its sole discretion.

5. If multiple arbitrators are appointed, they shall choose from among themselves, the chairperson of the arbitration who, in turn shall assign specific duties or areas of responsibility to the others. If the appointed arbitrators are unable to agree upon a chairperson within 5 days of the last appointment, Conflict Solutions of Texas will then appoint the chairperson at its sole discretion.

6. All arrangements for compensation of an arbitrator shall be made through Conflict Solutions of Texas and not between the parties and the arbitrator. Arbitrators shall be compensated at a rate consistent with the arbitrators stated rate of compensation. If there is disagreement concerning the terms of compensation or expense reimbursement, such disagreement shall be resolved by Conflict Solutions of Texas in a fair and reasonable manner and confirmed to the arbitrators and the parties.

AR-6 – Jurisdiction – The arbitrator(s) shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement. Likewise, the arbitrator(s) shall have the power to determine the existence or validity of a contract in which an arbitration clause appears. Such an arbitration clause shall be treated as an agreement independent of the other terms of the contract. A party must object to the jurisdiction of the arbitrator(s) or to the arbitrability of a claim, cross claim or counterclaim no later than the filing of the answering statement to the claim, cross claim or counterclaim that gives rise to the objection. The arbitrator(s) will rule on such objections at the time of the initial hearing.

AR-7 – Location of Arbitration – If not mandated by contract or agreed upon by all parties, the location of the arbitration shall be selected by the arbitrator(s) appointed to the dispute by Conflict Solutions of Texas.

AR-8 – Full Disclosure – Any person appointed or to be appointed as an arbitrator shall disclose to Conflict Solutions of Texas any circumstance likely to give rise to justifiable doubt as to the arbitrator’s impartiality or independence, including any bias or any financial or personal interest in the results of the arbitration or any past or present relationship with the parties or their representatives. Such obligation shall remain in full effect for the duration of the arbitration. Upon receipt of such information from the arbitrator or from any other source, Conflict Solutions of Texas shall communicate such information to the parties. In this regard, Conflict Solutions of Texas will not consider the disclosure of information pursuant to this section as an indication that the individual considers that the disclosed circumstance is likely to effect his or her impartiality or independence.

AR-9 – Removal of Arbitrator - Conflict Solutions of Texas shall have the power to remove an arbitrator on its own initiative upon determination that the arbitrator is displaying partiality or lack of independence in the performance of his or her duties, is unable or unwilling to perform his or her duties with diligence and in good faith or for any other reason for disqualification provided by applicable law. Upon the objection of any party to the continued service of an arbitrator, Conflict Solutions of Texas shall evaluate the arbitrator utilizing the standards set out above.

AR-10 – Filling Vacancies – If the office of any arbitrator is declared vacant through removal, disqualification, or otherwise such vacancy shall be filled in accordance with the applicable provisions of these rules. In the event of the appointment of a replacement arbitrator, in a single arbitrator proceeding, the proceeding shall begin anew. If the vacancy occurs in a panel of arbitrators, the remaining members of the panel shall determine whether it is necessary to repeat all or any part of any prior hearings.

AR-11 – Communication with Arbitrator(s) – No party or any representative acting in behalf of any party shall communicate ex parte with an arbitrator or a candidate for arbitrator concerning the arbitration. This prohibition extends even to communications concerning the scheduling of hearings or any other events in the matter. However, at the request of any party, Conflict Solutions of Texas may conduct an administrative conference, in person or by telephone, with the parties and/or their representatives and the conference may address such issues as arbitrator selection, potential mediation of the disputes, potential exchange of information, a timetable for hearings, and any other administrative matters.

AR-12 – Initial Conference – As soon as practicable after appointment, the arbitrator(s) shall schedule an initial conference to be attended by the parties and their attorneys. Absent good cause shown, attendance by the parties is mandatory. The initial conference may be conducted by telephone or teleconference at the arbitrator’s discretion. Matters to be dealt with in the initial conference include the following:

1. A discussion among the parties, attorneys and the arbitrator(s) of the nature of the dispute in supplementation of the requirements of AR-3.1(a) and AR-3.1(b).

2. Ruling by the arbitrator(s) on any challenges to the jurisdiction of the arbitrator, the enforceability of any arbitration agreement at issue and/or the arbitrability of the claims, cross-claims or counterclaims being asserted.

3. In elective arbitrations, either:

(a) Agreement by the parties and approval by the arbitrator(s) of an arbitration agreement that will govern the arbitration process; or

(b) Failing the adoption of a mutually acceptable arbitration agreement by the parties, the arbitrator(s) shall issue an order setting out the Rules, Procedures and Statutory provisions that will govern the arbitration process.

4. In mandated arbitration, either:

(a) Agreement by the parties and the arbitrator(s) that the applicable pre-dispute arbitration provisions are adequate to establish the appropriate scope and appropriate Rules and protocols to be followed in the arbitration process; or

(c) Failing agreement by the parties as provided in either (a) or (b) above, the arbitrator(s) will interpret the scope and operation of the arbitration clause or agreement in issue and make such clarifying orders as necessary and appropriate to effectuate its use in governing the arbitration process.

5. A discussion among the parties, attorneys and arbitrator(s) of the documentary information required by each from the other(s) such requests to be exchanged in writing.

(a) Ideally, the parties will make such requested documentary information available by agreement and the arbitrator(s) shall issue appropriate orders for the production of such documentary information within a reasonable time;

(b) If any party objects to the furnishing of requested documentary information, the arbitrator(s) shall require all such objections, including any claims of privilege to be made, in writing by the objecting party within ten (10) days of the initial hearing. Objections relating to privilege shall include a privilege log as set out in Rule 193 of the Texas Rules of Civil Procedure.

6. Entry of an Arbitration Control Order setting out the following dates and deadlines and such others as may be appropriate to the specific dispute in issue:

(a) Date and location of final arbitration hearing (to include an estimate of total time required for final hearing) to commence no later than nine (9) months from date of preliminary conference.

(b) Dates for final amendment of claims, cross-claims and counterclaims;

(d) Dates for exchange and filing of contested issues of law relating to each theory of recovery or defense asserted;

(e) Date for filing of final specification of claims and defenses;

(f) Dates for disclosure by each party of witnesses reasonably expected to be called. Such disclosures to include:

(i) Full name of each such witness;

(ii) A short summary of anticipated testimony;

(iii) Copies of reports of all expert witnesses complete with CVs;

(iv) Whether the testimony of each such witness will be presented live, by deposition or by Affidavit;

(v) The estimated length of time for presenting the testimony of each witness.

(g) Date for exchange of pre-marked exhibits;

(h) Date for conversion of arbitration to one day mediation;

(i) Date for closing all discovery; and

(j) Agreed estimate of arbitration fees and expenses (see AR-16).

AR-13 - EXPEDITED MEASURES

1. Beginning with the initial conference, the Arbitrator working in close cooperation with the parties, will seek to identify and implement expedited approaches to the gathering and presenting of evidence that will effectively reduce the cost of the arbitration process and facilitate the earliest possible resolution of the matter in dispute consistent with justice. Toward this end, the following method, among others, may be considered and, where appropriate, utilized in the process:

(a) Early identification of contested issues of law and material facts;

(b) Stipulation of law and facts;

Early submission of objections to evidence requests and privilege logs to the Arbitrator (within 10 days of document request);

(e) Any party requesting the Arbitrator’s consideration of voluminous business, financial or health care records (i.e. records exceeding 500 pages) shall submit a summary of the documents focusing on the significance of the documents, by title, description and date, to the contested issues of fact previously identified by the parties. (See AR-14 for additional discussions of Document Summary protocol);

(f) Any party requesting the Arbitrator’s consideration of voluminous deposition testimony (i.e. depositions exceeding 100 pages) shall submit a summary of the deposition focusing on the significance of the testimony as it relates to the contested issues of fact previously identified by the parties. (See AR-15 for additional discussions of Deposition Summary protocol);

(g) Agreement by the parties, or decision by the Arbitrator, to a limitation on the number of expert witnesses that may be utilized by the parties;

(h) Agreement by the parties, or decision of the Arbitrator, as to the manner in which expert testimony will be presented to the Arbitrator (e.g., live at the hearing, through teleconferencing, by videotaped deposition, or by written report or summary;

(i) Agreement by the parties or decision by the Arbitrator that the depositions of any witness will be taken either telephonically or through the use of teleconferencing technology;

(j) Agreement of the parties, or decision by the Arbitrator, to permit direct telephonic discussion by the Arbitrator in advance of the final hearing with any designated witnesses in order to clarify any area of testimony. Attorneys for all parties shall be included in any such telephone discussion, but will not be permitted to question the witness.

(k) Agreement by the parties or decision by the arbitrator to limit written discovery permitted by Federal or Texas Rules of Civil Procedure.

2. Unless opposed by a majority of the parties, the Arbitrator is granted the discretion to employ the foregoing measures singularly or in combination consistent with justice and the rights of the parties to present relevant, non-cumulative evidence in support of their positions.

AR-14 - PRESENTATION OF VOLUMINOUS DOCUMENTARY EVIDENCE

1. For the purpose of this Rule, “voluminous documentary evidence” means business, financial or health care records exceeding 500 pages;

2. Any party requesting the Arbitrator’s consideration of voluminous documentary evidence shall, in lieu of submitting such records, submit a written summary of the records to the Arbitrator and all parties describing their import and impact on any contested issue of material fact in the case. Except in extraordinary circumstances, and with leave of the Arbitrator, the summary shall not exceed 20 pages in length;

3. The summary shall be due within thirty (30) days of production of the voluminous documentary evidence under consideration. Failure to submit the summary may result in an Arbitrator’s decision not to consider the voluminous documentary evidence in whole or in part in rendering the final award.

4. Within fifteen (15) days of receipt of the voluminous documentary evidence summary described in this Rule, any party considering the summary and who has not previously submitted its own summary of such documentary evidence in accordance with AR-14, 2. may submit to the Arbitrator and all parties a “contesting summary” pointing out the specific statements within the summary with which issue is taken and citing any specific documents supporting the contesting summary. The contesting summary shall contain the party’s own contentions regarding the import and impact of the voluminous documentary evidence on any contested issue of material fact within the case. Except in extraordinary circumstances and with leave of the Arbitrator the contesting summary shall not exceed twenty (20) pages.

5. The failure to timely submit a contesting summary may result in the Arbitrator’s acceptance of the summary or summaries previously submitted.

6. Responses to contesting summaries are optional, but if filed, shall be due within ten (10) days of receipt of the contesting summary addressed and shall be limited, without exception, to ten (10) pages.

AR-15 - PRESENTATION OF VOLUMINOUS DEPOSITION TESTIMONY

1. For the purpose of this Rule, “voluminous deposition testimony” means depositions exceeding 100 pages;

2. Any party requesting the Arbitrator’s consideration of voluminous deposition transcripts shall, in lieu of submitting such transcripts, submit a written summary of the deposition testimony to the Arbitrator and all parties describing their import and impact on any contested issues of material facts in the case. Except in extraordinary circumstances, and with leave of the Arbitrator, the summary shall not exceed 10 pages in length;

3. The summary shall be due within thirty (30) days of the taking of the voluminous deposition testimony under consideration. Failure to submit the summary may result in an Arbitrator’s decision not to consider the voluminous deposition testimony in whole or in part in rendering the final award.

4. Within fifteen (15) days of receipt of the voluminous deposition testimony summary described in this Rule, any party considering the summary and who has not previously submitted its own summary in accordance with AR-15, 2. may submit to the Arbitrator and all parties a “contesting summary” pointing out the specific statements within the voluminous deposition testimony with which issue is taken and citing any specific deposition testimony supporting the contesting summary. The contesting summary shall contain the party’s own contentions regarding the import and impact of the voluminous deposition testimony on any contested issue of material fact within the case. Except in extraordinary circumstances and with leave of the Arbitrator the contesting summary shall not exceed ten (10) pages.

5. The failure to timely submit a contesting summary may result in the Arbitrator’s acceptance of the summary or summaries previously submitted.

AR-16 – Deposits

At the Initial Conference, the parties working with the arbitrator(s) shall agree upon an estimate of arbitrator time and expense, which shall then be noted in the Arbitration Control Order. In the absence of agreement of the parties, the arbitrator shall prepare an estimate of arbitration time and expense. Utilizing the estimate and the previously established hourly rate per party for arbitration services, each party shall deposit with Conflict Solutions of Texas its share of the total estimated costs and expenses, no later than five (5) working days from the Initial Conference.

AR-17 – Accounting

On a monthly basis, beginning one month following receipt of the parties’ cost and expense deposit, Conflict Solutions of Texas shall provide an accounting to all parties and to the arbitrator(s) providing the following information:

1. A description of all work done in the matter by the arbitrator(s) along with the amount of time expenses on each item of work;

2. A description of all expenses incurred by the arbitrator(s) in connection with work done in the matter;

3. All disbursements to the arbitrator(s) for fees and expenses; and

4. Each parties account balance.

AR-18 - Stenographic or Electronic Record

Any party desiring a Court Reporter at any proceeding in this arbitration shall advise the arbitrator and all parties no later than ten (10) days prior to the Final Hearing. Conflict Solutions of Texas will make arrangements for such reporting services. The party requesting such Court Reporting services shall be responsible for the cost of those services.

AR-19 - Attendance at Hearings

The arbitrator and Conflict Solutions of Texas shall maintain the privacy of the hearings unless the law provides to the contrary. Any person having a direct interest in the arbitration is entitled to attend hearings. The arbitrator shall otherwise have the power to require the exclusion of any witness, other than a party or other essential person, during the testimony of any other witness. It shall be discretionary with the arbitrator to determine the propriety of the attendance of any other person other than a party and its representatives.

AR-20 – Postponements

The arbitrator may postpone any hearing upon his/her own initiative, or upon motion of any party for good cause shown. Any further requests for postponement of the Final Hearing shall be personally signed by the party seeking same.

AR-21 – REPRESENTATION

Any party may be represented by counsel or other authorized representative. A party intending to be so represented shall notify the other party and Conflict Solutions of Texas of the name and address of the representative as soon as possible and, prior to the appointment of the arbitrator. When such a representative initiates arbitration or responds for a party, notice is deemed to have been given.

AR-22 – OATHS

Before proceeding with the first hearing, each arbitrator may take an oath of office and, if required by law, shall do so. The arbitrator may require witnesses to testify under oath administered by any duly qualified person and, if it is required by law or requested by any party, shall do so.

AR-23 – INTERPRETERS

Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall assume the costs of the service.

AR-24 – ARBITRATION IN THE ABSENCE OF A PARTY OR REPRESENTATIVE

Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on the default of a party. The arbitrator shall require the party who is present to submit such evidence as the arbitrator may require for the making of an award.

AR-25 – CONDUCT OF PROCEEDINGS

1. The claimant shall present evidence to support its claim. The respondent shall then present evidence to support its defense. Witnesses for each party shall also submit to questions from the arbitrator and the adverse party. The arbitrator has the discretion to vary this procedure, provided that the parties are treated with equality and that each party as the right to be heard and is given a fair opportunity to present its case.

2. The arbitrator, exercising his or her discretion, shall conduct the proceedings with a view to expediting the resolution of the dispute and may direct the order of proof, bifurcate proceedings and direct the parties to focus their presentations on issues the decision of which could dispose of all or part of the case.

3. The parties may agree to waive oral hearings in any case.

AR-26 – EVIDENCE

1. The parties may offer such evidence as is relevant and material to the dispute and shall produce such evidence as the arbitrator may deem necessary to an understanding and determination of the dispute. Conformity to legal rules of evidence shall not be necessary. All evidence shall be taken in the presence of all of the arbitrators and all of the parties, except where any of the parties is absent, in default or has waived the right to be present.

2. The arbitrator shall determine the admissibility, relevance, and materiality of the evidence offered and may exclude evidence deemed by the arbitrator to be cumulative or irrelevant.

3. The arbitrator shall take into account applicable principles of legal privilege, such as those involving the confidentiality of communications between a lawyer and client.

4. An arbitrator or other person authorized by law to subpoena witnesses or documents may do so upon the request of any party or independently.

5. The arbitrator may receive and consider the evidence of witnesses by declaration or affidavit, but shall give it only such weight as the arbitrator deems it entitled to after consideration of any objection made to its admission.

6. If the parties agree or the arbitrator directs that documents or other evidence be submitted to the arbitrator after the hearing, the documents or other evidence shall be filed with Conflict Solutions of Texas for transmission to the arbitrator. All parties shall be afforded an opportunity to examine and respond to such documents and other evidence.

AR-27 – INSPECTION OR INVESTIGATION

An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration shall direct Conflict Solutions of Texas to so advise the parties. The arbitrator shall set the date and time and Conflict Solutions of Texas shall coordinate with the parties. Any party who so desires may be present at such an inspection or investigation. In the event that one or all parties are not present at the inspection or investigation, the arbitrator shall make an oral or written report to the parties and afford them an opportunity to comment.

AR-28 – INTERIM MEASURES

1. The arbitrator may take whatever interim measures he or she deems necessary, including injunctive relief and measures for the protection or conservation of property and disposition of perishable goods.

2. Such interim measures may take the form of an interim award, and the arbitrator may require security for the costs of such measures.

3. A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

AR-29 – CLOSING OF HEARING

The arbitrator shall specifically inquire of all parties whether they have any further proofs to offer or witnesses to be heard. Upon receiving negative replies or if satisfied that the record is complete, the arbitrator shall declare the hearing closed. If briefs are to be filed, the hearing shall be declared closed as of the final date set by the arbitrator for the receipt of briefs. If documents are to be filed as provided in AR-26 and the date set for their receipt is later than that set for the receipt of briefs, the later date shall be the closing date of the hearing. The time limit within which the arbitrator is required to make the award shall commence, in the absence of other agreements by the parties, upon the closing of the hearing.

AR-30 – REOPENING OF HEARING

The hearing may be reopened on the arbitrator’s initiative, or upon application of a party, at any time before the award is made. If reopening the hearing would prevent the making of the award within the specific time agreed on by the parties n the contract(s) out of which the controversy has arisen, the matter may not be reopened unless the parties agree on an extension of time. When no specific date is fixed in the contract, the arbitrator may reopen the hearing and shall have 30 days from the closing of the reopened hearing within which to make an award.

AR-31 – WAIVER OF RULES

Any party who proceeds with the arbitration after knowledge that any provisions or requirement of these rules has not been complied with and who fails to state an objection in writing shall be deemed to have waived the right to object.

AR-32 – EXTENSIONS OF TIME

The parties may modify any period of time by mutual agreement. Conflict Solutions of Texas or the arbitrator may for good cause extend any period of time established by these rules, except the time for make the award. Conflict Solutions of Texas shall notify the parties of any extension.

AR-33 – SERVING OF NOTICE

1. Any papers, notices, or process necessary or proper for the initiation or continuation of an arbitration under these rules, for any court action in connection therewith, or for the entry of judgment on any award made under these rules may be served on a party by mail addressed to the party, or its representative at the last known address or by personal service, in or outside the state where the arbitration is to be held, provided that reasonable opportunity to be heard with regard to the dispute is or has been granted to the party.

2. Conflict Solutions of Texas, the arbitrator and the parties may also use overnight delivery or electronic facsimile transmission (fax), to give the notices required by these rules. Where all parties and the arbitrator agree, notices may be transmitted by electronic mail (e-mail), or other methods of communication.

3. Unless otherwise instructed by Conflict Solutions of Texas or by the arbitrator, any documents submitted by any party to Conflict Solutions of Texas or to the arbitrator shall simultaneously be provide to the other party or parties to the arbitration.

AR-34 – MAJORITY DECISION

When the panel consists of more than one arbitrator, unless required by law or by the arbitration agreement, a majority of the arbitrators must make all decisions.

AR-35 – TIME OF AWARD

The award shall be made promptly by the arbitrator and, unless otherwise agreed by the parties or specified by law, no later than 30 days from the date of closing the hearing, or, if oral hearings have been waived, from the date of transmittal of the final statements and proofs to the arbitrator.

AR – 36 – FORM OF AWARD

1. Any award shall be in writing and signed by a majority of the arbitrators. It shall be executed in the manner required by law.

2. The arbitrator need not render a reasoned award unless the parties request such an award in writing prior to appointment of the arbitrator or unless the arbitrator determines that a reasoned award is appropriate.

AR-37 – SCOPE OF AWARD

1. The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within the scope of the agreement of the parties, including, but not limited to, specific performance of a contract.

2. In addition to a final award, the arbitrator may make other decisions, including interim, interlocutory, or partial rulings, orders, and awards. In any interim, interlocutory, or partial award, the arbitrator may assess and apportion the fees, expenses, and compensation related to such award as the arbitrator determines is appropriate.

3. In the final award, the arbitrator shall assess the fees, expenses, and compensation provided in ______________. The arbitrator may apportion such fees, expenses, and compensation among the parties in such amounts as the arbitrator determines is appropriate.

4. The award of the arbitrator(s) may include:

(a) interest at such rate and from such date as the arbitrator(s) may deem appropriate; and

(b) an award of attorneys’ fees if any party has requested such an award or it is authorized by law or their arbitration agreement.

AR-38 – AWARD UPON SETTLEMENT

If the parties settle their dispute during the course of the arbitration and if the parties so request, the arbitrator may set forth the terms of the settlement in a “consent award.” A consent award must include an allocation or arbitration costs, including administrative fees and expenses as well as arbitrator fees and expenses.

AR-39 – DELIVERY OF AWARD TO PARTIES

Parties shall accept as notice and delivery of the award the placing of the award or a true copy thereof in the mail addressed to the parties or their representatives at the last know addresses, personal or electronic service of the award, or the filing of the award in any other manner that is permitted by law.

AR-40 – MODIFICTION OF AWARD

Within 20 days after the transmittal of an award, any party, upon notice to the other parties, may request the arbitrator, through Conflict Solutions of Texas, to correct any clerical, typographical, or computational errors in the award. The arbitrator is not empowered to redetermine the merits of any claim already decided. The other parties shall be given 10 days to respond to the request. The arbitrator shall dispose of the request within 20 days after transmittal by Conflict Solutions of Texas to the arbitrator of the request and any response thereto.

AR-41 – RELEASE OF DOCUMENTS FOR JUDICIAL PROCEEDINGS

Conflict Solutions of Texas shall, upon the written request of a party, furnish to the party, at the party’s expense, certified copies of any papers in the possession of Conflict Solutions of Texas that may be required in judicial proceedings relating to the arbitration.

AR-42 – APPLICATIONS TO COURT AND EXCLUSION OF LIABILITY

1. No judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of the party’s right to arbitrate.

2. Neither Conflict Solutions of Texas nor any arbitrator in a proceeding under these rules is a necessary or proper party in judicial proceedings relating to the arbitration.

3. Parties to an arbitration under these rules shall be deemed to have consented that judgment upon the arbitration award may be entered in any federal or state court having jurisdiction thereof.

4. Parties to an arbitration under these rules shall be deemed to have consented that neither Conflict Solutions of Texas nor any arbitrator shall be liable to any party in any action for damages or injunctive relief for any act or omission in connection with any arbitration under these rules.

AR – 43 – EXPENSES

The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the arbitration, including required travel and other expenses of the arbitration, and any witness and the cost of any proof produced at the direct request of the arbitrator, shall be borne equally by the parties, unless they have agreed otherwise or unless the arbitrator in the award assesses such expenses or any part thereof against any specified party or parties.

AR-44 – INTERPRETATION AND APPLICATION OF RULES

The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator’s powers and duties. When there is more than one arbitrator and a difference arises among them concerning the meaning or application of these rules, it shall be decided by a majority vote. If that is not possible, either an arbitrator or a party may refer the question to Conflict Solutions of Texas for final decision. All other rules shall be interpreted ad applied by Conflict Solutions of Texas.

AR-45 – SUSPENSION FOR NONPAYMENT

If arbitrator compensation or expenses have not been paid in full, Conflict Solutions of Texas may so inform the parties in order that one of them may advance the required payment. If such payments are not made, the arbitrator may order the suspension or termination of the proceedings. If no arbitrator has yet been appointed, Conflict Solutions of Texas may suspend the proceedings.