Center For Divorce Mediation
& Alternative Dispute Resolution, Inc.
ARBITRATION AGREEMENT
1. We understand that Arbitration is a process for the resolution of disputes where the parties to a dispute refer it to a person, an “arbitrator,” whose decision or “award” they agree to be bound by. The award then must be confirmed by the Court.
2. We will present evidence on all issues at the Arbitration hearing.
3. Walter Marcus shall serve as our Arbitrator and that we will pay his fees and the costs as stated in Fee Agreement and will abide by his decisions. Pursuant to the Arizona Uniform Family Law Arbitration Rule, we waive any objection to his qualifications.
4. The family law disputes we intend to Arbitrate are (check all thaty apply) ☐ division of assets, ☐ division of debts, ☐ spousal support, ☐ parenting, ☐ child support, ☐ life insurance,
☐ health insurance ☐ taxes, ☐ college education of children, ☐ use of credit cards,
☐ uninsured medical and dental expenses, ☐ pensions and retirement plans,
☐ attorney and arbitration fees, ☐ resolution of disputes, ☐ religious divorces,
☐ other ___________________________________________
5. We will provide the Arbitrator the completed Court Financial Affidavit http://www.sc.pima.gov/Portals/0/Library/Affidavit.pdf http://www.sc.pima.gov/Portals/0/Library/Affidavit.pdf and the Arbitrator’s Issues and Questions form prior to the first Arbitration session.
6. We will disclose all assets, debts, and other information that have a bearing on any of the issues in our Arbitration.
7. We will obtain appraisals of our assets, and/or to consult with a tax specialist, if the arbitrator orders that we do so. We understand that this would be at our own cost.
8. We understand that the Arbitrator will follow the Arizona Uniform Family Law Arbitration Rule and the Arbitrator’s rules we have been provided and we agree that we have read, understand and will abide by the Rules http://tiny.cc/Rule672 http://tiny.cc/Rule672
9. We will abide by the following terms of A.R.S. section 25-315 (A) which provides that:
a. You shall not do any of the following things:
b. You may not hide earnings or community property from your spouse, and
c. You may not take out a loan on the community property, and
d. You may not sell the community property or give it away to someone, unless you have the written permission of your spouse or written permission from the Court. The law allows for situations in which you may need to transfer joint or community property as part of the everyday running of a business, or that sometimes the sale of community property is necessary to meet necessities of life, such as food, shelter, or clothing, or court fees and attorney fees associated with this action. If this applies to you, you should see a lawyer for help, and
e. Do not harass or bother your spouse or the children, and
f. Do not physically abuse or threaten your spouse or the children, and
g. Do not take the children, common to your marriage, out of the State of Arizona for any reasons, without a written agreement between you and your spouse or a Court Order, before you take the children out of the State.
h. Do not remove or cause to be removed the other party or the children of the parties from any existing insurance coverage, including medical, hospital, dental, automobile and disability insurance. That both parties shall maintain all insurance coverage in full force and effect.
We have read, understand, and agree to be bound by this Agreement.
Dated: ______________________
Petitioner ______________________
Dated: ______________________
Attorney for Petitioner ______________________
Dated: ______________________
Respondent ______________________
Dated: ______________________
Attorney for Respondent ______________________
Center For Divorce Mediation
& Alternative Dispute Resolution, Inc.
FEE AGREEMENT
1. The fee for each arbitration session is $200 per hour. Time is charged to the nearest tenth of an hour. Appointments not canceled at least 24 hours in advance will be billed for one hour.
2. All work done on your behalf, including but not limited to the following, will be billed at $200 per hour.
Attendance at all Arbitration hearins
Drafting of all Arbitration Documents
All consultation between arbitrator, parties, and attorneys in regard to this case
All consultation between arbitrator and outside experts in regard to this case
Computer analysis of financial data
Telephone calls, Texts, E-Mail, and FAXes with the exception of those to change appointments
3. Recording of any hearing will be billed at the rate of $50.00 per hearing. If recorded, the parties will be emailed a file containing the recording of the hearing.
□ ○ PETITIONER ○ RESPONDENT will accept sole responsibility for all costs of the mediation and will be paid any refund.
□ PETITIONER and RESPONDENT will share equally all costs of the arbitration and from joint funds/individual funds and will be paid any refund.
□ PETITIONER AND RESPONDENT will share all costs of the arbitration and will be paid any refund according to the following percentages: PETITIONER and RESPONDENT.
□ The Arbitrator will decide allocation of cost of the arbitration and any refund during the arbitration.
5. We agree to pay $2,500.00 in advance which will be applied against the hourly rate and costs. We understand that we will be billed for an additional payments should the original payment be depleted and will be refunded any payment that is not used on the same basis as we assumed responsibility for the retainer in the fee agreement.
6. We will periodically be provided a detailed bill of the work done by the Arbitrator.
7. We agree that there will be either an available balance of the advance payment of $800.00 or we will pay $800.00 prior to being sent the Award.
8. We further understand that no sessions will take place or work will be done if the above payment schedule has not been maintained.
We agree to pay as stated herein. We have read, understand, and agree to be bound by this Agreement.
Dated: ______________________
Petitioner ______________________
Dated: ______________________
Respondent ______________________