Using Mr. Bayer as Your Arbitrator With An Institutional Administrator

When your clients chose Mr. Bayer as their arbitrator, but elect to use an institutional administrator like AAA, ICC, JAMS or other institution, the parties enter into a formal arrangement with the institutional administrator and must follow their rules for administering the arbitration.

We know this may feel like there's another layer of bureaucracy that can make things inefficient and cumbersome at times. And you are right. The obstacles of bureaucracy are native to your client's agreement to use an institutional administrator to handle the administrative aspects of the arbitration even if Mr. Bayer is the arbitrator. You will need to communicate directly with the person or persons who have been appointed by the institution to manage your case and not with our office directly.

If you are not using our office to assist you as an independent administrator, you can expect the communication process to take a good bit longer than it would if you elect to use our office as your independent administrator. The rules and policies vary among the various institutional administrators and you will need to follow their policies for filing documents, setting hearings, and communciating with the arbitrator.

If you have questions or get frustrated with the administration process, you should always feel free to call Ms. Chaky and she will see what she can do to help you with your communication with the institution. Ms. Chaky has excellent working relationships with the various institutional providers and we have substantial experience working with them.

Using Mr. Bayer as Your Arbitrator with Our Office As Your Independent Administrator

Our office can serve as your independent administrator, in lieu of the AAA or other institutions. When you take this route, you will, in effect, get a hand-crafted, tailor-made administration process at no extra charge.

Choosing to use our office as your independent administrator, you enter into a formal arrangement with Mr. Bayer in which you must communicate with him through Ms. Chaky. Ms.Chaky will serve as your sole administrative contact (Alyson's email) when our office is your independent administrator. Communicating about administrative matters through Ms. Chaky as the primary agent for your independent administration makes things faster and simpler and cheaper.

When you are using our office to assist you with administration, you can expect the communication process to be direct, speedy, and efficient. Please send your documents and other communication to Ms. Chaky email, courier or US Postal Service. She will immediately forward your documents to Mr. Bayer for review or action.

COMMUNICATION

In a nutshell, when our office is serving as your independent administrator, please treat Ms. Chaky the way you would a district clerk and/or court coordinator. Send all your correspondence, motions, requests, and notifications directly to Ms. Chaky with a carbon copy (CC) to Mr. Bayer and all other parties involved in the dispute. You may use phone, email, courier, or US Postal Service.

You need only to communicate with Ms. Chaky to inform Mr. Bayer of your scheduling and hearing needs, get answers to questions and responses to concerns, and attention to emergencies that may arise during your dispute. Feel free to phone Ms Chaky for help if you need it.

When our office is not serving as your administrator, all your communication with Mr. Bayer needs to be funneled through your institutional administrator.

FEES & CHARGES

The institutional administration firms have their own policies for deposits and fees and we respect those. If you chose to use an institutional administrator, the person(s) appointed to handle your case will administer all the billing and collections, including the costs of Mr. Bayer's services as arbitrator.

When you elect to use Mr. Bayer as an arbitrator and also use our office as your independent administrator, we will determine the amount of the deposit you need to make for all services at the Initial Arbitration Conference. The amount of the deposit typically will be between $4,000 and $20,000 depending on the magnitude and complexity of the case. We will bill against your deposit throughout the process usually at $500 per hour for Mr. Bayer's time, $60 per hour for Ms. Chaky's time, plus actual expenses.

CANCELLATION

Once commenced, the only way an arbitration can be concluded is through an award, even if the case settles or the parties no longer desire to pursue it. If the parties get close to a settlement, Mr. Bayer never wants his fee for the Arbitration Hearing to get in the way of the dispute settling.

If you need to cancel the Arbitration Hearing, our formal cancellation/refund policy follows:

• Canceling a month in advance or more: no charge
• Canceling more than 3 weeks out, but less than a month from the Arbitration Hearing: costs 25% of the number of days you reserved
• Canceling more than 2 but less than 3 weeks ahead of the Arbitration Hearing: costs 50% of the number of days you reserved
• Canceling between 1 and 2 weeks ahead of the Arbitration Hearing: costs 75% of the number of days you reserved
• Canceling between the hearing date and one week ahead of the Arbitration Hearing, you will owe for the total number of days you reserved.

This is our formal policy. However, Mr. Bayer will do whatever he can to fill in his calendar and wlll work with you around the formal policy, whenever possible.

WORKFLOW

Our workflow for handling arbitration processes, either administered by our office (as an independent administrator) or by one of the institutions (eg. American Arbitration Association, International Chamber of Commerce, etc.) is outlined here.

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