Sample Arbitration Agreement


STEVE SMITH - Plaintiff
JANE DOE - Defendant

CASE NO. 24-C-02-06380


Plaintiff Steve Smith, (hereinafter referred to as “Plaintiff”) by her attorney, Laura Zois, Esquire, and Defendant(s) Bharat Peterson (hereinafter referred to as “Defendant”) by his attorney, Dave Johnson, agree that the case known as Steve Smith v. Jane Doe, which arises from a truck collision on August 11, 2012 (hereinafter referred to as “truck accident”), and is currently pending in the Circuit Court for Baltimore City is to be dismissed with upon conclusion of the Binding Arbitration. The binding arbitration terms are set forth below:

  1. The parties agree that The Honorable Douglas J. Jones, will serve as arbitrator, and the arbitrator’s fees will be shared equally by the parties.
  2. This lawsuit/claim will be resolved by a binding Arbitration on the issue of damages only, without the right to appeal the decision of the arbitrator.
  3. The parameters for the damage award are as follows: The “high” or maximum amount the Plaintiff can possibly recover is $1,400,000. The “low” or minimum amount that the Plaintiff will recover is $500,000.
  4. The parties agree that the pending Circuit Court case giving rise to this matter shall be stayed and that plaintiff may not reinstate the Circuit Court case or file any lawsuit against the defendants seeking any damages or other relief arising from the auto accident described in the pending Circuit Court case, if the arbitration goes forward and the defendants comply with the terms of this Agreement.
  5. The Arbitration will be scheduled on a date and at a time that is convenient to all of the parties and live witnesses, if any. The parties have presently scheduled the Arbitration Hearing for: July 20, 2009 before Judge Jones. The Arbitration will be held at the Prince George’s County Bar Association, 14330 Old Marlboro Pike, Upper Marlboro, Maryland 20772.
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  7. It is further agreed that Defendant(s)’ applicable insurance policy limits, and all other monetary figures, including plaintiff’s UM coverage limits and the amounts off the high/low, are confidential and are not to be disclosed to the arbitrator by anyone. If the Defendant(s) determines that the Plaintiff or anyone acting on behalf of the Plaintiff has disclosed any of these monetary figures to the arbitrator, Defendant(s) has the right to rescind this Agreement and elect to proceed with either a jury trial or a new binding arbitration proceeding. If the Plaintiff determines that the Defendant(s) or anyone acting on behalf of the Defendant(s) has disclosed any of these monetary figures to the arbitrator, Plaintiff has the right to rescind this Agreement and elect to proceed with either a jury trial or a new binding arbitration proceeding.
  8. Written reports, medical records/reports/notes, treatises, articles, deposition transcripts, research, and information about the experts (e.g., such as curriculum vitae or other information about the experts), IME reports [read more here], etc. may be submitted at the Arbitration regarding all experts, doctors, or health care providers, provided such records have already been provided to opposing counsel in discovery.
  9. The parties stipulate to the authenticity of all materials exchanged in discovery, so that records custodians are not required. Further, any and all items submitted into evidence will be admissible, if (1) they have been previously exchanged by Counsel at least ten (10) days prior to the date of the scheduled arbitration (2) the items submitted into evidence do not violate any of the terms of this Arbitration Agreement, and (3) the items submitted into evidence do not violate the Maryland Rules of Evidence. If either party seeks to submit any item into evidence, the opposing party has the right to object to the admission of the item into evidence. Any evidentiary disputes shall be adjudicated by the Arbitrator.
  10. The word “items”, as is used throughout this Agreement, is to be given the broadest construction possible, and includes but is not limited to writings, photographs, diagrams, videotape, information stored for or in a computer, objects etc. The interpretation of the term “items” is only limited by any restrictions which are set forth elsewhere in this Agreement.
  11. This lawsuit will be dismissed, with prejudice at such a time as the parties shall agree, but no later than thirty (30) days after the arbitrator’s decision is rendered, as all parties to this Agreement intend to fully resolve this matter via binding arbitration in lieu of a jury trial. Prior to the tender of any draft in satisfaction of any arbitration award, Plaintiff will execute a general release and her attorney will sign a stipulation of dismissal of any court case with prejudice.
  12. Plaintiff, all parties and all Counsel further agree that the Plaintiff will be responsible for all liens, if any, related or allegedly related to this truck colllision including but not limited to Workers’ Compensation liens, liens related to the repair of the vehicle owned or operated by the Plaintiff, medical liens, disability benefit liens, social security liens, Medicare liens, attorney’s liens Medicaid liens and all other liens; and Counsel for the Plaintiff is solely responsible for protecting all liens, if any.
  13. The parties agree that Maryland law will be applied for this Arbitration.
  14. The parties agree that the Defendant(s) is entitled to all credits, offsets, reductions and/or liens, if any, which this Defendant(s) would be entitled to under Maryland law.
  15. The parties may agree to a written informal or formal modification, amendment or supplementation of this Agreement. Any changes to this Agreement shall be in writing.
  16. arbitration
  17. Plaintiff understands and has been advised by her attorney that this Arbitration Agreement is binding, that she has waived her right to a trial as well as all appeal rights, and that this lawsuit in the above-captioned case must be dismissed before the scheduled trial date. Similarly, the other parties understand and have been advised by their attorney that this Arbitration Agreement is binding, that they have waived their right to a trial as well as all appeal rights, and that this lawsuit in the above-captioned case must be dismissed before the trial date.
  18. The Plaintiff and all parties expressly agree that the party drafting this Agreement have done so solely for the convenience of all parties; and any terms of this Agreement, or any ambiguity or confusion regarding the interpretation, construction and/or meaning of this Agreement, will not be decided or construed in favor of the non-drafting party.
  19. The Plaintiff is represented by Ronald V. Miller and Laura Zois, Esquire. Ms. Zois has fully explained this Agreement, and answered any questions to Plaintiff’s satisfaction.
  20. All attorneys who sign this Agreement have the full expressed authority of their client(s) to fully bind their clients to the terms of this Agreement.
  21. All of the individuals who have signed this Agreement have:
    1. carefully read the entire Agreement,
    2. are of sound mind,
    3. have had this Agreement fully explained by the parties’ attorney,
    4. fully understand its contents,
    5. entered into this Agreement voluntarily and with full authority,
    6. have not been pressured or coerced to enter into this Agreement,
    7. believe the terms of this Agreement to be fair and,
    8. will be bound by all of terms of this Agreement.


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