b) Stipulations.  The parties may agree in writing to rely on stipulations and/or statements, sworn or unsworn, rather than a formal presentation of witnesses and documents, for all or part of the hearing.

c) Exchanged Documents Considered Authenticated.  Any document exchanged may be received in the hearing as evidence without further authentication; however, the party against whom it is offered may subpoena and examine as an adverse witness anyone who is the author, custodian, or a witness through whom the documents might otherwise have been introduced.  Documents not so exchanged may not be received if to do so would, in the arbitrator's opinion, constitute unfair, prejudicial surprise.

d) Witnesses.  Witnesses may be compelled to testify under oath or affirmation and produce evidence, and are subject to cross-examination, by the same authority and to the same extent as if the hearing were a trial. The Arbitrator is empowered and authorized to administer oaths and affirmations in the arbitration hearings.

e) Law of Evidence Used as Guide.  The law of evidence does not apply, except as to privilege, in an arbitration hearing but shall be considered as a guide toward full and fair development of the facts. The Arbitrator shall consider all evidence presented and give it the weight and effect the Arbitrator determines appropriate.

f) No Ex Parte Communications with Arbitrator.  No ex parte communications between parties or their counsel and the Arbitrator is permitted.

g) Failure to Appear.  If a party who has been notified of the date, time and place of the hearing fails to appear without good cause therefore, the hearing may proceed and an award may be made by the Arbitrator against the absent party upon the evidence offered by the parties present.

h) No Record of Hearing Made.  No recording or transcript of an arbitration hearing shall be made.

5. Fees.  The Arbitrator shall be compensated at the rate of $______ per hour for his services, plus reimbursement for actual costs incurred, which fees and costs will be shared equally between the parties [or which shall be paid as provided in the award].  Arbitrator's services shall include attendance at hearings, review of briefs and other written materials, drafting of the arbitration award and any other services requested by the parties.  If arbitration is canceled within 24 hours of the day of the scheduled date, the Arbitrator reserves the right to impose a cancellation charge of one-half of the fees for the scheduled session to the party or parties responsible.  The exceptions to this policy are if the cancellation is beyond the control of a party or if it is by agreement of all the parties and the Arbitrator. 

6. Counterparts.  This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall be deemed to be one and the same instrument.

DATED: _______________________________