Terms of Engagement

PLEASE NOTE: I offer in-person hearings, video hearings, hybrid opportunities for remote testimony from witnesses, and document reviews (desk arbitrations).

2025 Terms of Engagement and Arbitration Fee Schedule

Disclosures: I disclose potential conflicts of interest that I am aware of when I communicate with parties in any of my cases.

Per Diem: Per diem rate is $300 per hour up to $2,000 per day. This rate is charged for hearings and for preparing the arbitration Decision and Award. Hearings are charged a minimum of one day unless we have agreed to another arrangement in advance.

Cancellation Fees: Once the case is confirmed on my schedule, all labor arbitration matters are subject to cancellation fees. Matters canceled more than 20 calendar days prior to the scheduled hearing will be charged $1,000 plus any travel expenses incurred by the arbitrator. Matters canceled 20 or fewer calendar days prior to the scheduled hearing will be charged $2,000. Parties are responsible for unrefunded airfare and other necessary travel expenses. No cancellation fee is charged for unused days of hearing in cases completed in fewer days than originally scheduled.

Postponement: The first joint request for postponement is automatically granted. Parties are responsible for travel costs that result from the postponement and rescheduling of the hearing. Subsequent requests and unilateral requests may be granted for good cause shown by either party.

Travel: I charge the IRS business rate of mileage reimbursement for vehicle travel outside of the Seattle, Washington area. Necessary lodging, transportation, and parking costs are charged for hearings outside the Puget Sound area. I do not charge for travel time or meals.

Pre-Hearing Matters: Parties are encouraged to participate in a Pre-Hearing Conference call or email exchange to determine the issue(s) in dispute, confirm the date(s) of hearing, location of hearing, joint exhibits, type of hearing record desired by the parties, and other pre-hearing logistics. I aim to maximize the representatives’ time for case presentation. Time spent in Pre-Hearing work and handling of procedural issues are included in the hearing fee for labor arbitrations, unless an Interim Ruling is sought by one of the parties.

Hearing Record: I do not require an official hearing record or transcript of the proceedings. One or both parties may arrange for a court reporter. The arbitrator must receive a copy of any official transcript at no charge to the arbitrator. Hearings on my professional Zoom platform can be recorded at the request of the parties. I take personal notes at the hearing. My notes are not made available to the parties and are solely for the purpose of supplementing my recollection of the testimony. I destroy my notes, recordings, and all exhibits upon issuing my Decision and Award or the conclusion of retained jurisdiction for implementation of the Award. The parties must notify me in advance if they wish to have any exhibits returned to them.

Subpoenas and Discovery: I do not sign blank subpoenas. Parties seeking the issuance of a subpoena must give notice to each other and must provide the proposed subpoena signed by the party representative. I rely on the signature of the requesting representative as a certification that the subpoena is requested in good faith. Any objection must be filed promptly in writing with the arbitrator and served to the other party prior to the hearing.

Unless discovery is provided by the arbitration clause, arbitration agreement, or applicable agency rules, you will need approval for conducting depositions or electronic discovery. Please focus on the information necessary to assert or defend your claims or defenses. Production of electronic documents will be limited to sources used in the ordinary course of business. Absent a showing of compelling need, no documents are required to be produced from back-up servers, metadata, or other media. My goal is to provide an efficient, fair, and cost-effective resolution. Please confer with each other to resolve information disputes prior to bringing them to my attention and instruct your client to preserve all relevant documents (i.e., paper documents, electronic documents, files, emails).

Rules of Evidence: In the absence of specific language on evidentiary rules, I follow American Arbitration Association rules which allow parties to offer evidence that is relevant and material to the dispute that will assist the arbitrator in understanding the issues and in rendering a decision. As arbitrator, I will determine the admissibility, relevance, and materiality of evidence offered.

Communication with the arbitrator: Any oral, written, or email communications with the arbitrator must take place in ways ensuring that all parties have access and knowledge of the exchange.

Testimony: Live testimony is preferred; however, travel, weather, illness, and other circumstances may necessitate video or telephonic testimony. Let me know if witnesses need to be sequestered.

Online Dispute Resolution: Online arbitration services are available. Multiple steps are taken to respect privacy and enhance the security of the proceedings. There is no extra charge for using the online dispute resolution option. Parties will need a computer, smart phone, or tablet with a webcam with HD or better quality, a microphone, speakers, and a stable Internet connection. Each witness and representative will need a quiet space without ambient noise, or wear headphones.

Decision & Award: A written Decision and Award is issued within 30 calendar days of the close of hearing or receipt of parties’ post-hearing briefs or written closing arguments, whichever is later. Cases or precedents used in the post-hearing brief should be attached to the submission. Submissions should be in pdf format. I may publish a redacted version of my Decision unless I receive a specific objection from one or more parties.

Invoices: You will receive an invoice with my Decision and Award. Invoices are due upon receipt. Re-billing of an invoice after 60 calendar days will be subject to a $250 re-billing fee. Parties are jointly and severally liable for my fees and expenses. I follow the provisions of a CBA or other governing document on how to apportion responsibility for the arbitrator’s fees and expenses.

Thank you for the opportunity to serve as an arbitrator in your case