FAQs

What's the difference between being an arbitrator and administering an arbitration?

Some parties choose to have the day-to-day management of the arbitration process handled by institutions like the American Arbitration Association the National Arbitration Forum, or the International Chamber of Commerce. Some parties prefer to have Ms. Chaky and Mr. Bayer manage the day-to-day process.

Being the administrator of the arbitration process and bring the arbitrator are two different roles. Ms. Chaky is the administrator of arbitration processes administered by our office when Mr. Bayer serves as the arbitrator.

Our office is pleased to handle the administration process any way the parties choose when we're hired as the arbitrator. We have outlined our workflow here and provided answers to questions we receive on a regular basis below.

What is the best way to communicate with the office during the arbitration?

Our preferred communication route is email to Ms. Chaky with a carbon copy to Mr. Bayer.

Ms. Chaky is always happy to respond to regular mail, as well, and will receive your telephone calls. However, we prefer to receive your communication by email, whenever possible.

How do we send documents to Mr. Bayer?

With more and more courts allowing for electronic filing, we're also receiving more and more documents electronically.

This being the case, we need all of your files to be appropriately indexed so we can locate and file your documents.

Types of documents we expect to receive and the ways we are prepared to receive them:

• Pleadings and motions - email , US Mail, courier service
• Requests for decisions - email or US Mail
• Hiring inquiries, outlines of discovery or deposition disputes - email, US Mail
• Exhibits or other supporting materials - email attachments, US Mail, courier service

If you elect to send electronic files as PDF attachments to email, be advised that we will file them but do not parties' print documents that exceed 25 pages.

How do I schedule a hearing?

Please send an email to Ms. Chaky with a carbon copy to all parties, including Mr. Bayer, requesting a hearing, the reason for such hearing and urgency. Please specify whether you prefer this to be a face-to-face live hearing or a telephone hearing. Ms. Chaky use email to circulate Mr. Bayer's available dates to all parties. After a date has been agreed on, Ms. Chaky will then send an email confirming date, time and other details.

How do I file things in an arbitration?

Our office may provide Mr. Bayer's services as an arbitrator and also serve as the administrator for your arbitration. When another institution is serving as the administrator of your arbitration, document filing procedures may vary. When our office is providing both arbitration services and administering your arbitration, we expect the parties to follow the guidelines below.

Documents that do not require editing

Please email filing documents to Ms. Chaky with a carbon copy to Mr. Bayer. In the body of the email, please state the name of the document and the matter it relates to and be sure that the attachment is made in a PDF format. Do this for pleadings, subpoenas, discovery requests, letters that outline issues.

The office also accepts filings that don't require editing by email or US mail. Please be sure to include a cover letter that names the document and the matter it relates to.

Documents that may require editing and/or Mr. Bayer's signature

Please submit documents that may require editing or Mr. Bayer's signature in a Microsoft Word format. These types of orders include scheduling orders or discovery plans on which the parties don't agree, motions to withdraw as counsel, or other orders that may need editing to reflect agreements before signing.

Be advised that if you submit these types of documents in a PDF format, we will return them for resubmission in an editable Microsoft Word format.

How do we get disputes resolved before the arbitration hearing?

Most arbitrations require Mr. Bayer's decision on at least one matter prior to the arbitration hearing. Attorneys may request that Mr. Bayer make a decision on preliminary matters based solely on the papers that have been filed. If one of the parties wants to have a hearing, then Mr. Bayer is likely to grant a hearing. Attorneys may also request face-to-face or teleconference hearings. If one party wants a face-to-face hearing and the other side doesn't, Mr. Bayer is likely to grant a face-to-face hearing, unless to do so would unnecessarily slow down the process.

You will be able to learn more about how Mr. Bayer handles hearing requests at the Initial Arbitration Conference.

What if we need a decision in an emergency?

If an institution is administering the process, you will need to follow the institutional administrator's rules on emergency hearings.

If our office is administering your process, then you will need to contact Ms. Chaky by phone or email, explain the issue that needs to be decided and why it is an emergency. You will need to give her all your emergency contact information. Ms. Chaky will confer with Mr. Bayer. She will then contact you as soon as possible, using the emergency contact information you have supplied, and provide you with next steps.

What if we need a court reporter?

Whoever wants a written record is responsible for hiring the court reporter, whether you want a record of the hearing on a preliminary matter, or on the arbitration hearing itself. Our office doesn't get involved with these arrangements.

If one of the parties chooses to hire a court reporter, and you want our office to disburse payment, we will pay the reporter directly by deducting the fee from the retainer, debiting all parties' accounts in an equal amount. If one of the parties chooses to hire a reporter and pay for it independently, that party will be responsible for payment.