Name
Address
Tulsa, Oklahoma 74103
Dear Mr. :
Re:
(Case Style)
Case No. CJ-
OMAS File No.
I am pleased to announce that there will be a binding arbitration proceeding held in the above-referenced matter at 9:00 a.m. on Monday, January 2, 2004, at the offices of Oklahoma Mediation/Arbitration Service, 2021 So. Lewis, Suite 301, Tulsa, Oklahoma. The particulars are as follows:
Plaintiff Counsel:
Name
Addr
City, State Zip
Telephone
Defense Counsel:
Name
Addr
City, State Zip
Telephone
Arbitrator:
Name
Addr
City, State Zip
Telephone
By copy of this letter, I am confirming (Plaintiff Counsel)'s commitment to have his client, (Plaintiff), present for the above-described proceeding.
By copy of this letter, I am also confirming (Defense Counsel)'s commitment to bring a representative of his client to the proceeding.
This letter will also confirm the commitment of both (Plaintiff Counsel and Defense Counsel) to split the cost of this proceeding on a fifty/fifty basis. The arbitration fee shall consist of an administrative fee of $275.00 and the arbitrator's hourly rate of $______ per hour. Please note that there is a three-hour minimum billing for the arbitrator's time including review of "Arbitration Statements".
This letter will also confirm:
1) That the decision of the arbitrator will be binding upon the parties.
2) The Arbitrator will not provide any Findings of Fact or Conclusions of Law.
3) The parties' commitment to not reveal any high/low figures; any prior settlement offers; any applicable policy limits; or any monies received, offered or tendered by any other parties to the Arbitrator either during the arbitration proceeding or in the "Arbitration Statements".
Subject to mutually agreed-to exceptions, no document (including video tape) will be admitted into evidence unless the opposing party has been in possession of it for at least five (5) business days prior to the scheduled arbitration proceeding. Moreover, no testimony from a live witness (other than the named parties to this action) will be allowed unless a notice of intent to call a witness, along with a brief summary of his or her expected testimony, has been provided the opposing side at least five (5) business days in advance of the arbitration proceeding.
As an aid to the arbitrator, I would respectfully request that Counsel for each party provide the arbitrator (and the opposing side) with an Arbitration Statement (and exhibits) at least three business days in advance of the scheduled proceeding. This statement may be mailed to (Mediator's name and address) or faxed to him at (Mediator's fax number).
As always, should you have any further questions pertaining to this or any other matter, please do not hesitate to write or call me at any time.
Sincerely,
OKLAHOMA MEDIATION/
ARBITRATION SERVICE
John D. Rothman
Legal Director
JDR:lmm
cc:
