Intelligent Justice Dispute Adjudication Agreement
The following will serve as an Agreement among (together, the "Parties") and Intelligent Justice to adjudicate the legal dispute between the Parties arising out of or relating to the allegations and claims described in Attachment "A" to this Agreement (the "Dispute").
The Parties retain Intelligent Justice to administer the adjudication and provide an Adjudicator, selected with the Parties' unanimous consent, who will investigate the law and evidence the Adjudicator determines to be relevant and decide the Dispute as provided in the Intelligent Justice Dispute Adjudication Rules and Procedure. The Adjudicator will perform the work contemplated by this Agreement with the assistance of such other legal professionals and staff as the Adjudicator finds useful in the adjudication process.
The Adjudicator will endeavor to complete the entire dispute adjudication process and provide the Parties with a final decision in approximately half the time and at approximately half the cost of litigation to final judgment in a public court of law.
The adjudication of the Dispute will be governed by and subject to the provisions of the Federal Arbitration Act and any applicable state law concerning the arbitration of legal disputes. The decision adjudicating the Dispute shall be enforceable as a final judgment upon confirmation of the Adjudicator's decision as an arbitration award in a public court of law.
Each of the parties acknowledges receipt of a copy of the Intelligent Justice Dispute Adjudication Rules and Procedures, has reviewed them carefully and agrees to be bound by their terms.
Each of the Parties further acknowledges that Intelligent Justice has advised consultation with separate legal counsel before executing this Agreement and each Party has consulted with its separate legal counsel or waives the opportunity to do so. After execution of this Agreement the participation of separate legal counsel is not necessary except that each of the Parties may wish to retain separate legal counsel to assist them in properly framing the scope of the Dispute for the Adjudicator or to consult with them concerning the advisability of settlement at various times prior to final judgment. It is understood that Intelligent Justice does not represent any of the Parties as their legal counsel or in any other capacity and has no obligation to provide advice to them under any circumstances.
Each of the Parties agrees to pay Intelligent Justice adjudication fees equal to $ before the last day of each month for a period of consecutive months commencing immediately and continuing until full payment is made or a settlement of the Parties' Dispute is reached, whichever occurs first. Each of the Parties also agrees to pay Intelligent Justice the out-of-pocket costs incurred by Intelligent Justice and/or the Adjudicator during the adjudication of the Dispute for computerized legal research, computerized processing and management of the evidence, expert witnesses and consultants, transcription of testimony, video conferencing, transportation, travel meals and lodging, document and computer media reproduction, long distance telephone, facsimile, messenger delivery, overnight mail and other reasonable expenses of the adjudication. The Parties are jointly and severally liable for the entire amount of such out-of-pocket costs however, unless the Parties agree in writing to a different arrangement, during the course of the adjudication each Party will pay Intelligent Justice the amount of its last invoice for costs, divided equally by the number of Parties to the Dispute, within 30 days of the invoice date.
The decision adjudicating the Dispute will not be provided until sometime after all Parties have fully paid all of the amounts described above. If any Party is in arrears in its payments Intelligent Justice may, within its sole discretion, direct the Adjudicator to cease all further work under this Agreement. If that occurs, Intelligent Justice may also direct the Adjudicator to recommence work upon full payment of all amounts then due and owing. A Party that is current in its payments may pay the balance due of any other Party that is delinquent in its payments and Intelligent Justice will adjust the final decision to award the paying Party all amounts paid for the delinquent Party under these circumstances. Each of the Parties authorizes Intelligent Justice to award the amount paid for the delinquent party as part of its decision of this dispute and such amount shall be recoverable upon confirmation of the award by a public court of law.
Each of the Parties has disclosed to Intelligent Justice the identities of the material witnesses to be interviewed under oath and an estimate of the number of document pages to be reviewed. The payments to Intelligent Justice described above cover the interview of up to witnesses and the review of up to pages of documents or electronic records. If any Party desires that additional witnesses be interviewed or that additional documents or electronic records be reviewed, then Intelligent Justice, at its discretion, may direct the Adjudicator to do so upon advance payment for such additional work, at Intelligent Justice's then current rates, by the Party or Parties desiring that additional work be performed.
Each of the Parties agrees to provide its prompt and full cooperation to Intelligent Justice and the Adjudicator in their efforts to swiftly obtain all of the evidence the Adjudicator believes to be useful in reaching a decision concerning the Dispute. To that end, the Parties will direct all persons under their control to immediately provide the Adjudicator with all information, documents, electronic records, testimony and other evidence requested by Adjudicator and to cooperate fully with the Adjudicator in every respect.
As part of the adjudication process, the Adjudicator may consider the professional opinions of expert witnesses who are selected by the Adjudicator with the unanimous consent of the Parties and have specialized training, experience or education in matters that are relevant to the Dispute. The Adjudicator will interview material fact witnesses and expert witnesses under oath and will review those portions of the available evidence reasonably necessary to provide a final adjudication of the Dispute.
The signatories for the Parties to this Agreement represent that they have the authority to execute this Agreement on behalf of their respective Parties. Signatures may be provided in multiple counterparts and the execution of counterparts shall have the same effect as if all signatories executed the same instrument. This Agreement, together with its Attachment A and the Intelligent Justice Dispute Adjudication Rules and Procedures, contains the entire, complete and integrated statement of each provision that Intelligent Justice and the Parties have agreed upon. In entering into this Agreement, neither Intelligent Justice nor any of the Parties has made or relied upon any warranty or representation not specifically described herein. This Agreement shall not be modified in any respect except by a writing executed by Intelligent Justice and all Parties.
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