IN THE SUPERIOR COURT OF WASHINGTON STATE FOR KING COUNTY

Regarding the Matter of
,Petitioner,
and
, Respondent. / Cause No:
Stipulation to Resolve Proceeding
by Uniform Arbitration Act
No Clerk’s Action Required

The parties to this proceeding, by their signaturesand/or that of their counsel, stipulate that pending legal issues and claims between and among the parties related to this cause number and action shall be heard and resolved in a private arbitrationproceeding, pursuant to the Uniform Arbitration Act, Chapter 7.04A, of the Revised Code of Washington.

  1. Appointment of Arbitrator. Stephen M. Gaddis is appointed to serve as Arbitrator. The parties stipulate and agree that they will timely advance such sums as may be requested by the arbitrator for his compensation and expenses.
  1. Stay of Proceedings. The parties stipulate to the entry of a Stay of Proceedings for the pendency of the arbitration proceedings, if such is required to complete the process.
  1. Briefing Schedule.
  1. _____ Discovery is complete, OR, discovery shall be completed by ______, 2013.
  2. _____ Pre-Arbitration Statements and supporting documents as are allowed by local court rules (both as to nature and page number limitations), shall be served upon the Arbitrator and opposing counsel not later than ______, 2013.
  3. _____ Responses, if any, shall be served not later than ______, 2013.
  4. _____ Strict Reply documents, if any, shall be served not later than three court days (five days if service is by mail) following receipt of the Response documents. At that point pleadings will be closed and a hearing date will be set (or a decision will be written, if the matter is proceeding on documents alone).
  5. Service by E-mail. If documents to be submitted do not exceed 25 pages total at a time, they may be served upon the Arbitrator by email; otherwise hard copies are required.
  6. Proposed Orders/Property Spreadsheet. Each side shall submit their proposed orders (including Child Support Worksheets and Parenting Plan Order, if appropriate)to the Arbitrator and other side by email in WORD format. Property Spreadsheets, if any, shall be provided to the Arbitrator and other side by email in EXCEL format.
  7. Modification of Timelines. Either side may move to expedite or retard the time lines by agreement of the parties with notice to the Arbitrator or upon email request if not agreed.
  1. Arbitration:Evidence to Be Considered; Procedures. Each party shall have the right to present evidence and authoritiesas to any disputed issue of fact or law for consideration and decision by the Arbitrator. The nature of the proceeding shall be thatstipulated upon by the parties, for example: (1) a fullevidentiary hearing, (2) ahearing with testimony of parties only, or(3)a hearing on affidavits and/or stipulated facts for adocument-only arbitration. Ifthere is no agreement, the above priority will be observed. The Arbitrator shall circulate in advance of the hearing proposed guidelines to be followed for the conduct of the proceeding, which guidelines may be modified by agreement of the parties or decision of the Arbitrator.
  1. Binding Effect of the Law. The Arbitrator shall be bound to and follow all applicable State and Federal statutory and case law in the same manner aswould a Superior Court Judge.
  1. Award (Decision) of Arbitrator. Upon conclusion of the arbitration hearing, but not later than 14 days after the Arbitrator has declared the hearing closed, the Arbitrator shall providesigned, duplicate originals of the Award of Arbitrator to each of the parties (throughcounsel, if represented), for filing or inclusion in a court order as either side deems necessary.
  1. Confirmation of Arbitration Award; Right to Appeal. The decision of the Arbitrator may be confirmed by the Superior Court, per law and court rule. Each party retainsa right to appeal:

As provided by the Uniform Arbitration Act (Chapter 7.04A of the Revised Code of Washington).

As provided in the state and local Mandatory Arbitration Rules, which provide for a trial de novo, with award of all fees and costs against an appealing party who does not improve their position after (re-)trial of the matter.

The same as if the Award of Arbitrator were a judgment or decree entered by a Superior Court Judge, after trial.

The parties waive their right of appeal of the Award (decision).

  1. Fees of the Arbitrator. The Arbitrator’s fee shall be determined and paid:

In accord with the Engagement Agreement or written agreement of the parties and as determined by the Arbitrator, after hearing the evidence and reviewing the merits of the case and the legal authorities relevant to the fee determination.

In equal amounts, from each of the parties.

In the same proportion as that calculated in the parties’ Child Support Worksheets.

Other: ______

  1. Issues Reserved and Not Subject to the Arbitration Proceeding.______.

It Is So Stipulated:

______

PetitionerDateRespondentDate

______

Petitioner’s Counsel/WSB#DateRespondent’s Counsel/WSB#Date

Accepted:

______

Stephen M. Gaddis, ArbitratorDate

Stipulation to Arbitrate Proceeding, Page 1 Stephen M. Gaddis, Arbitrator

Suite B-1, #177, 15600 NE 8th St.

Bellevue, Washington 98008