MEDIATION PROCEDURE

  • GLAR gets call from Claimant.
  • GLAR provides list of available Mediators to the Claimant and a Case Information Form which will be filled out by the Claimant.
  • The Claimant is then free to contact all other parties to see if they could agree on a Mediator.
  • If a Mediator can be agreed on they are free to contact said Mediator directly to schedule a session (This Mediator need not be approved by the GLAR as long as all parties agree).
  • If a Mediator cannot be agreed on by the parties then the Claimant notifies the GLAR and a random draw would be performed by the GLAR from its list of Mediators. The GLAR will provide the Mediator's information sheet to the Claimant. After that point, only the Mediator could raise issues of a conflict.
  • The Claimant must then contact the Mediator by sending them the Case Information Form along with ½ of the Mediators registered 3 hour fee.
  • The Mediator will then send notice to the Respondent, and all other parties, regarding the Mediator's selection. The Mediator will include with said letter a list of available dates for the mediation.
  • If the Respondent fails to respond after seven days notice, the Mediator will notify the Claimant of the Respondents failure, and will affirmatively state that the Respondent has refused to cooperate with the Mediation requirement of the Contract. The Mediator will also return the ½ deposit previously paid by the Claimant, minus a $50.00 processing fee. The Claimant will then be free to pursue the matter in Arbitration.
  • Further, the Mediator will also be free to determine on their own if Mediation cannot be completed in a reasonable time frame, at that point, after the parties have received the Mediator's notice of same, any party is free to proceed to Arbitration.
  • If the Respondent does respond then he/she must submit to the Mediator the remaining ½ of the registered fee.
  • After a mediation has been scheduled, and both parties have participated in the mediation, then the Mediator will send a notice to each party that they have satisfied the mediation requirement of the Contract.

ARBITRATION PROCEDURE

  • The Arbitrator will then send notice to the Respondent, and all other parties, regarding the Arbitrator's selection pursuant to the requirements of the Commonwealth of Kentucky. The Arbitrator will include with said letter a list of available dates for the Arbitration, or for a Pre-Arbitration Hearing.
  • Claimant contacts GLAR.
  • GLAR provides list of available Arbitrators to the Claimant and a Case Information Form which will be filled out by the Claimant.
  • The Claimant is then free to contact all other parties to see if they could agree on an Arbitrator.
  • If an Arbitrator can be agreed on they are free to contact said Arbitrator directly to schedule a session (This Arbitrator need not be approved by the GLAR as long as all parties agree).
  • If an Arbitrator cannot be agreed on by the parties then the Claimant notifies the GLAR and a random draw would be performed by the GLAR from its list of Arbitrators. The GLAR will provide the Arbitrator's information sheet to the Claimant. After that point, only the Arbitrator could raise issues of conflict.
  • The Claimant must then contact the Arbitrator by sending them the Case Information Form along with the Arbitrator's initial fee.
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