Fillable Commonwealth of Massachusetts Agreement for Binding Arbitration

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Commonwealth of Massachusetts Agreement for Binding Arbitration

The Commonwealth of Massachusetts Agreement for Binding Arbitration form is 2 pages long and contains:

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BROWSE COMMONWEALTH OF MASSACHUSETTS (MA) FORMS

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COMMONWEALTH OF MASSACHUSETTS
COUNTY OF
THE SUPERIOR COURT
AGREEMENT FOR BINDING ARBITRATION
The undersigned, who constitute all of the parties having an interest in the above-captioned action, agree to
arbitrate their disputes and to terminate the litigation now pending between them, the parties have selected
_______________________________________________________________________ as Arbitrator who
agrees to arbitrate their differences and resolve the matter, no later than ___________________________.
1. Each party acknowledges that the arbitration process, and in particular, the Arbitrator's award, is
binding and conclusive upon all parties and not subject to appeal or review by any judicial or administrative
proces, (except as provided in G.L. Chapter 251, Sec, 9, 12 and13). Each party agrees that their
submission to arbitrationconstitutes an irrevocable consent to having this action resolved entirely through
arbitration except for motions to confirm (or vacate) the arbitrator's award.
2. The Arbitrator shall hear and determine the controversy upon the evidence submitted and shall
have the ultimate responsibility to determine the relevancy and admissibility of the evidence. The parties
agree that hearings shall be conducted by the Arbitrator in any manner which permits a fair presentation of
each party's position and allows each side to present and cross-examine witnesses. The parties agree to
the following terms and conditions:
a. ___________________________________________________________________________
b. ___________________________________________________________________________
c. ___________________________________________________________________________
d. ___________________________________________________________________________
e. ___________________________________________________________________________
1
___________________________________________________
Plaintiff(s)
vs.
___________________________________________________
Defendant(s)
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF
THE SUPERIOR COURT
The parties further agree that they have been given an opportunity to offer proof of their claims and
contentions, the Arbitrtor shall declare the arbitration hearing closed and shall allow no further proof to be
taken or heard. Any party who fails to object in writing before the conclusion of the arbitration hearing to any
asserted noncompliance with any provisions or requirement of this paragraph shall be deemed to have
wiaved the objection.
3. The Arbitrator's award shall be rendered promptly and, unless otherwise stipulated by this
agreement, shall be submitted NO LATER THAN ______________ days following the close of the hearings.
The award shall be in writing and signed by the Arbitrator.
4. The parties asknowledge and agree that the Arbitrator's work product and case file shall be
confidential and not subject to disclosure in any judicial, administrative or private proceeding.
5. The parties agree that the Arbitrator shall not be liable to any party for any act or omission in
connection with services performed under this agreement. The parties further agree that any party who
seeks to impose liability on the Arbitrator, this paragraph nothwithstanding, shall indemnify the Arbitrator for
all resulting costs, including additional attorney's fees.
6. The undersigned parties agree that they shall each pay the Arbitration $_________ per hour and
that they shall jointly pay an administrative fee of $_______ to the ______________________County Bar
Association. The parties agree that should the arbitration session be cancelled less than _____ days prior to
the scheduled date of arbitration, they will jointly pay the _________________ Bar Association an additional
sum of $_____.
ARBITRATING PARTIES
Claimant: Respondent Party:
______________________________ ______________________________
______________________________ ______________________________
Plaintiff(s) Attorney Defendant(s) Attorney
______________________________ ______________________________
Plaintiff Defendant or Insurer Representative
2
Current Date
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Commonwealth of Massachusetts Agreement for Binding Arbitration

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Completed 17 May 2020

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