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Forklift Operator Third Party

Location:
Madera, CA
Salary:
18.00
Posted:
January 30, 2024

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Agreement to Arbitrate

As consideration for accepting or continuing my employment with,

and I agree to use binding arbitration, instead of going to court, for any “Covered Claims” that arise between me and, including its divisions, operating companies, affiliates, related companies, subsidiaries and parent company, and/or their current or former employees (“Agreement”). I also understand that any clients to which I provide services on assignment are intended third-party beneficiaries of this Agreement.

“Covered Claims” are any legal claims belonging to me or to that relate to my recruitment, hire, employment, client assignments and/or termination including, but not limited to, those concerning wages or compensation, consumer reports, benefits, contracts, discrimination, harassment, retaliation, leaves of absence or accommodation for a disability. Covered Claims under this agreement do not include:

• any claims I cannot be required to arbitrate as a matter of law. The parties agree, however, that if any claim brought in court arises out of an underlying dispute that is subject to arbitration, the judicial action for that claim will be stayed pending completion of the arbitration;

• claims for workers’ compensation or unemployment compensation; and

• claims or charges with any governmental or administrative agency. If a claim or charge is filed with a governmental or administrative agency and a demand for arbitration is made as to the same or similar claim or charge, either party shall have the right to obtain a stay of the arbitration proceedings pending the agency’s final resolution of the administrative claim or charge if the claimant would be precluded from bringing the same or similar claim or charge in court prior to an agency determination. Both parties also agree that they will not oppose and will consent to any such stay of the arbitration at the request of the other party. Both parties understand that under no circumstances can there be a duplicative award from the governmental or administrative agency and the arbitrator. I understand that under the National Labor Relations Act, I am not prevented from acting in concert with others to challenge this Agreement in any forum, and understand that I will not be retaliated against if I act with others to challenge this agreement.

I understand and agree that:

• to the extent permitted by law, the arbitrator’s award is the sole remedy for Covered Claims;

• arbitration is the only forum for resolving Covered Claims, and that both and I are waiving the right to a trial before a judge or jury in federal or state court in favor of arbitration;

• for small Covered Claims, instead of arbitration, I may take a Covered Claim to the small claims court closest to where I work or last worked for if the total amount that I am seeking from

option,

is less than the claim limit for that court. If I choose this and I agree that the decision of the small claims court judge will be final and binding, will not be appealed and will not be binding on any other claim; and

• Covered Claims will only be arbitrated on an individual basis, and that both and I waive the right to participate in or receive money from any class, collective or representative proceeding. I may not bring a claim on behalf of other individuals, and any arbitrator hearing my claim may not combine more than one individual’s claim or claims into a single case, or arbitrate any form of a class, collective, or representative proceeding. I understand and agree that any ruling by an arbitrator combining the covered claims of two or more employees or allowing class, collective or representative arbitration would be contrary to the intent of this agreement and would be subject to immediate judicial review.

I agree that all proceedings under this Agreement are private and confidential, unless applicable law provides to the contrary. I understand, however, that I may make disclosures to others as reasonably necessary to arbitrate and/or defend against any Covered Claims. The arbitrator shall have the authority to make appropriate rulings to safeguard confidentiality.

Procedure

This Agreement shall be governed by the Federal Arbitration Act (“FAA”). Any federal, state or local laws preempted by the FAA shall not apply to this Agreement or its interpretation. I agree that this Agreement may be enforced and administered by a court of competent jurisdiction through the filing of a petition to: compel arbitration; confirm, vacate or modify an arbitration award; or otherwise pursuant to the FAA. Prior to filing a demand for arbitration, I am encouraged (but not required) to first present my concerns in writing to a HR manager to see if a

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resolution can be reached. To initiate arbitration, I must prepare a written demand setting forth my claim(s) and submit it to the American Arbitration Association (“AAA”) Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043), and send a copy of the demand to ’s Legal Department at 3625 Cumberland Boulevard, Suite 600, Atlanta, GA 3 0339, to initiate arbitration, it must also prepare a written demand setting forth its claim(s) and submit it to AAA Case Filing Services, and send a copy of the demand to me at my last home address of record. A party’s written demand for arbitration must be received within the time period allowed pursuant to the statute, regulation, or other law applicable to the alleged act or omission giving rise to the covered claim. For more detailed information on the process, I understand I may contact my human resources representative. I also understand that I can obtain further information by contacting the AAA at its toll free assistance number 877-***-****, by e-mail at ad2781@r.postjobfree.com or by visiting the AAA website (www.adr.org). The Employment Arbitration Rules of AAA (linked here and attached) will apply, except as follows: (a) will pay the arbitrator’s fees and the arbitration filing and administrative fees, and any other costs uniquely attributable to arbitration (including the filing fee); (b) and I will each have the opportunity to “rank” our preference for the appointed arbitrator from a list of proposed arbitrators provided by AAA; (c) the parties shall have an opportunity to conduct discovery sufficient to present a meaningful prosecution or defense of the claims; (d) where permitted by law, the arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing, consistent with Rules 12 and 56 of the Federal Rules of Civil Procedure; and (e) the arbitrator must issue his or her award in writing, setting forth in summary form the factual findings, evidence cited and reasons for the arbitrator’s determination. The arbitrator shall have the authority to award only such remedies as could be awarded by a court under the applicable substantive law, which may include injunctive or other equitable relief.

I understand that each side must pay its own legal fees and costs unless I win and applicable law provides for an award of legal fees and costs.

At-Will Employment

I understand and agree that this Agreement does not change my status as an at-will employee, and that or I may terminate my employment at any time, with or without cause or notice. Change or Termination of Agreement

Except as prohibited by applicable law, I understand and agree that may change or terminate this agreement after giving me 90 days written or electronic notice. The change or termination will not apply to a pending claim.

I acknowledge that I have received and read or have had the opportunity to read this Arbitration Agreement before signing it.

Employee name (printed) Jay P. Ferguson, Jr., Chief Legal Officer

Employee signature Date

Date

Richard Azevedo

07/03/2021

07/03/2021

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Employment

Arbitration Rules and Mediation Procedures

Regional Vice Presidents and

Assistant Vice Presidents

States: Delaware, District of Columbia, Maryland,

New Jersey, Pennsylvania, West Virginia

Kenneth Egger

Vice President

Phone: 215-***-****

Email: ad2781@r.postjobfree.com

States: Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska,

North Dakota, Ohio, South Dakota, Tennessee,

Wisconsin

Jan Holdinski

Vice President

Phone: 248-***-****

Email: ad2781@r.postjobfree.com

States: Connecticut, Maine, Massachusetts,

New Hampshire, New York, Vermont

Ann Lesser, Esq.

Vice President

Phone: 212-***-****

Email: ad2781@r.postjobfree.com

States: Alabama, Arkansas, Florida, Georgia,

Mississippi, North Carolina, South Carolina,

Virginia

Charles Dorsey

Assistant Vice President

Phone: 866-***-****

Email: ad2781@r.postjobfree.com

States: Rhode Island

Heather Santo

Assistant Vice President

Phone: 866-***-****

Email: ad2781@r.postjobfree.com

States: Alaska, Arizona, California, Colorado,

Hawaii, Idaho, Louisiana, Montana, Nevada,

New Mexico, Oklahoma, Oregon, Texas, Utah,

Washington, Wyoming

Patrick Tatum

Vice President

Phone: 559-***-****

Email: ad2781@r.postjobfree.com

Case Management Vice President and Assistant Vice Presidents Available online at adr.org/employment

Rules Amended and Effective November 1, 2009

Introduction Revised October 1, 2017

Charles Dorsey

Assistant Vice President

Phone: 866-***-****

Email: ad2781@r.postjobfree.com

Administers cases in FL, GA

Heather Santo

Assistant Vice President

Phone: 866-***-****

Email: ad2781@r.postjobfree.com

Administers cases in AL, CT, DE, DC, IN, KY, ME,

MD, MA, MI, NH, NJ, NY, NC, OH, PA, RI, SC, TN,

VT, VA, WV

Patrick Tatum

Vice President

Phone: 559-***-****

Email: ad2781@r.postjobfree.com

Administers cases in AK, AZ, AR, CA, CO, HI, ID,

IL, IA, KS, LA, MN, MS, MO, MT, NE, NV, NM, ND,

OK, OR, SD, TX, UT, WA, WI, WY

2 RULES AND MEDIATION PROCEDURES American Arbitration Association Rules Amended and Effective November 1, 2009. Introduction Revised October 1, 2017. EMPLOYMENT RULES 3 4 RULES AND MEDIATION PROCEDURES American Arbitration Association Table of Contents

Introduction 6 The Employment Due Process Protocol 6 AAA’s Employment ADR Rules 7 AAA’s Policy on Employment ADR 7 Notification 8 Designing an ADR Program 8 Types of Disputes Covered 9 Employment Arbitration Rules and Mediation Procedures 10 1. Applicable Rules of Arbitration 10 2. Notification 10 3. AAA as Administrator of the Arbitration 11 4. Initiation of Arbitration 11 5. Changes of Claim 12 6. Jurisdiction 12 7. Administrative and Mediation Conferences 12 8. Arbitration Management Conference 13 9. Discovery 14 10. Fixing of Locale (the city, county, state, territory, and/or country of the Arbitration). 14 11. Date, Time and Place (the physical site of the hearing within the designated locale) of Hearing 14 12. Number, Qualifications and Appointment of Neutral Arbitrators 15 13. Party Appointed Arbitrators 16 14. Appointment of Chairperson by Party-Appointed Arbitrators or Parties 16 15. Disclosure 16 16. Disqualification of Arbitrator 17 17. Communication with Arbitrator 17 18. Vacancies 18 19. Representation 18 20. Stenographic Record 18 21. Interpreters 18 22. Attendance at Hearings 18 23. Confidentiality 19 24. Postponements 19 25. Oaths 19 26. Majority Decision 19 27. Dispositive Motions 19 28. Order of Proceedings 19 29. Arbitration in the Absence of a Party or Representative 20 30. Evidence 21 31. Inspection 21 32. Interim Measures 21 33. Closing of Hearing 22 34. Reopening of Hearing 22 35. Waiver of Oral Hearing 22 36. Waiver of Objection/Lack of Compliance with These Rules 22 37. Extensions of Time 23 38. Serving of Notice 23 39. The Award 23 40. Modification of Award 24 41. Release of Documents for Judicial Proceedings. 24 42. Applications to Court 24 43. Administrative Fees 25 44. Neutral Arbitrator’s Compensation 25 45. Expenses 25 46. Deposits 26 47. Suspension for Non-Payment 26 48. Interpretation and Application of Rules 26 AAA Administrative Fees for Employment/Workplace Cases 26 Optional Rules for Emergency Measures of Protection 27 O-1. Applicability 27 O-2. Appointment of Emergency Arbitrator 27 O-3. Schedule 27 O-4. Interim Award 27 O-5. Constitution of the Panel 28 O-6. Security 28 O-7. Special Master 28 O-8. Costs 28 Rules Amended and Effective November 1, 2009. Introduction Revised October 1, 2017. EMPLOYMENT RULES 5 6 RULES AND MEDIATION PROCEDURES American Arbitration Association Employment Mediation Procedures 29 M-1. Agreement of Parties 29 M-2. Initiation of Mediation 29 M-3. Fixing of Locale (the city, county, state, territory and, if applicable, country of the mediation) 30 M-4. Representation 30 M-5. Appointment of the Mediator 30 M-6. Mediator’s Impartiality and Duty to Disclose 31 M-7. Vacancies 31 M-8. Duties and Responsibilities of the Mediator 31 M-9. Responsibilities of the Parties 32 M-10. Privacy 32 M-11. Confidentiality 33 M-12. No Stenographic Record 33 M-13. Termination of Mediation 33 M-14. Exclusion of Liability 34 M-15. Interpretation and Application of Procedures 34 M-16. Deposits 34 M-17. Expenses 34 M-18. Cost of the Mediation 34 Introduction

Federal and state laws reflecting societal intolerance for certain workplace conduct, as well as court decisions interpreting and applying those statutes, have redefined responsible corporate practice and employee relations. Increasingly, employers and employees face workplace disputes involving alleged wrongful termination, sexual harassment, or discrimination based on race, color, religion, sex, sexual orientation, national origin, age and disability. As courts and administrative agencies become less accessible to civil litigants, alternative dispute resolution (ADR) procedures have become more common in contracts of employment, personnel manuals, and employee handbooks as a means of resolving workplace disputes privately, promptly and economically. Millions of workers are now covered by employment ADR clauses administered by the American Arbitration Association (AAA).

The American Arbitration Association, a not-for-profit, public service organization, offers a broad range of dispute resolution services to business executives, attorneys, individuals, trade associations, unions, management, consumers, and all levels of government. Services are available through AAA headquarters in New York City and offices in major cities throughout the United States and internationally. Hearings may be held at locations convenient for the parties and are not limited to cities with AAA offices. In addition, the AAA serves as a center for education and training, issues specialized publications, and conducts research on various forms of alternative dispute resolution. The Employment Due Process Protocol

The Employment Due Process Protocol was developed in 1995 by a special Task Force composed of individuals representing management, labor, employment, civil rights organizations, private administrative agencies, government, and the American Arbitration Association. The Due Process Protocol, which was endorsed and Mediation Procedures

Rules Amended and Effective November 1, 2009. Introduction Revised October 1, 2017. EMPLOYMENT RULES 7 8 RULES AND MEDIATION PROCEDURES American Arbitration Association by the Association in 1995, seeks to ensure fairness and equity in resolving workplace disputes. It encourages mediation and arbitration of statutory disputes, provided there are due process safeguards. It conveys the hope that ADR will reduce delays caused by the huge backlog of cases pending before administrative agencies and the courts. The Due Process Protocol “recognizes the dilemma inherent in the timing of an agreement to mediate and/or arbitrate statutory disputes” but does not take a position on whether an employer can require a pre-dispute, binding arbitration program as a condition of employment. The Due Process Protocol has been endorsed by organizations representing a broad range of constituencies. They include the American Arbitration Association, the American Bar Association Labor and Employment Section, the American Civil Liberties Union, the Federal Mediation and Conciliation Service, the National Academy of Arbitrators, and the National Society of Professionals in Dispute Resolution. The National Employment Lawyers Association has endorsed the substantive provisions of the Due Process Protocol. It has been incorporated into the Report of the United States Secretary of Labor’s Task Force in Excellence in State and Local Government and cited with approval in numerous court opinions.

AAA’s Employment ADR Rules

On June 1, 1996, the Association issued National Rules for the Resolution of Employment Disputes (now known as the Employment Arbitration Rules and Mediation Procedures). The rules reflected the guidelines outlined in the Due Process Protocol and were based upon the AAA’s California Employment Dispute Resolution Rules, which were developed by a committee of employment management and plaintiff attorneys, retired judges and arbitrators, in addition to Association executives. The revised rules were developed for employers and employees who wish to use a private alternative to resolve their disputes and included procedures which ensure due process in both the mediation and arbitration of employment disputes. The rules enabled parties to have complaints heard by an impartial person of their joint selection, with expertise in the employment field.

AAA’s Policy on Employment ADR

The AAA’s policy on employment ADR is guided by the state of existing law, as well as its obligation to act in an impartial manner. In following the law, and in the interest of providing an appropriate forum for the resolution of employment disputes, the Association administers dispute resolution programs which meet the due process standards as outlined in its Employment Arbitration Rules and Mediation Procedures and the Due Process Protocol. If the Association determines that a dispute resolution program on its face substantially and materially deviates from the minimum due process standards of the Employment Arbitration Rules and Mediation Procedures and the Due Process Protocol, the Association may decline to administer cases under that program. Other issues will be presented to the arbitrator for determination. Notification

If an employer intends to utilize the dispute resolution services of the Association in an employment ADR plan, it should at least 30 days prior to the planned effective date of the program: (1) notify the Association of its intention to do so; and (2) provide the Association with a copy of the employment dispute resolution plan. If an employer does not comply with this requirement, the Association reserves the right to decline its administrative services. Copies of all plans should be sent to the American Arbitration Association, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043; Email: casefiling@adr.org. Designing an ADR Program

The guiding principle in designing a successful employment ADR system is that it must be fair in fact and perception.

The American Arbitration Association encourages employers to consider the wide range of legally-available options to resolve workplace disputes outside the courtroom. A special emphasis is placed by the Association on encouraging the development of in-house dispute resolution procedures, such as open door policies, ombuds, peer review and internal mediation. The Association recommends an external mediation component to resolve disputes not settled by the internal dispute resolution process.

Programs which use arbitration as a final step may employ:

• pre-dispute, voluntary final and binding arbitration;

• pre-dispute, mandatory nonbinding arbitration;

• pre-dispute, mandatory final and binding arbitration; or

• post-dispute, voluntary final and binding arbitration. Rules Amended and Effective November 1, 2009. Introduction Revised October 1, 2017. EMPLOYMENT RULES 9 10 RULES AND MEDIATION PROCEDURES American Arbitration Association Although the AAA administers binding arbitration systems that have been required as a condition of initial or continued employment, such programs must be consistent with the Association’s Employment Arbitration Rules and Mediation Procedures and the Employment Due Process Protocol. Specific guidance on the responsible development and design of employment ADR systems is contained in the Association’s publication, Resolving Employment Disputes: A Practical Guide, which is available from the AAA’s website, www.adr.org.

Types of Disputes Covered

These dispute resolution procedures were developed for arbitration agreements contained in employee personnel manuals, an employment application of an individual employment agreement, independent contractor agreements for workplace disputes and other types of employment agreements or workplace agreements, or can be used for a specific dispute. They do not apply to disputes arising out of collective bargaining agreements.

Employment Arbitration Rules and Mediation Procedures 1. Applicable Rules of Arbitration

The parties shall be deemed to have made these rules a part of their arbitration agreement whenever they have provided for arbitration by the American Arbitration Association (hereinafter “AAA”) or under its Employment Arbitration Rules and Mediation Procedures or for arbitration by the AAA of an employment dispute without specifying particular rules*. If a party establishes that an adverse material inconsistency exists between the arbitration agreement and these rules, the arbitrator shall apply these rules.

If, within 30 days after the AAA’s commencement of administration, a party seeks judicial intervention with respect to a pending arbitration and provides the AAA with documentation that judicial intervention has been sought, the AAA will suspend administration for 60 days to permit the party to obtain a stay of arbitration from the court. These rules, and any amendment of them, shall apply in the form in effect at the time the demand for arbitration or submission is received by the AAA.

* The National Rules for the Resolution of Employment Disputes have been re-named the Employment Arbitration Rules and Mediation Procedures. Any arbitration agreements providing for arbitration under its National Rules for the Resolution of Employment Disputes shall be administered pursuant to these Employment Arbitration Rules and Mediation Procedures.

2. Notification

An employer intending to incorporate these rules or to refer to the dispute resolution services of the AAA in an employment ADR plan, shall, at least 30 days prior to the planned effective date of the program: i. notify the Association of its intention to do so and, ii. provide the Association with a copy of the employment dispute resolution plan. Compliance with this requirement shall not preclude an arbitrator from entertaining challenges as provided in Section 1. If an employer does not comply with this requirement, the Association reserves the right to decline its administrative services.

Rules Amended and Effective November 1, 2009. Introduction Revised October 1, 2017. EMPLOYMENT RULES 11 12 RULES AND MEDIATION PROCEDURES American Arbitration Association 3. AAA as Administrator of the Arbitration

When parties agree to arbitrate under these rules, or when they provide for arbitration by the AAA and an arbitration is initiated under these rules, they thereby authorize the AAA to administer the arbitration. The authority and duties of the AAA are prescribed in these rules, and may be carried out through such of the AAA’s representatives as it may direct. The AAA may, in its discretion, assign the administration of an arbitration to any of its offices. 4. Initiation of Arbitration

Arbitration shall be initiated in the following manner. a. The parties may submit a joint request for arbitration. b. In the absence of a joint request for arbitration:

(i) The initiating party (hereinafter “Claimant[s]”) shall:

(1) File a written notice (hereinafter “Demand”) of its intention to arbitrate at any office of the AAA, within the time limit established by the applicable statute of limitations. Any dispute over the timeliness of the demand shall be referred to the arbitrator. The filing shall be made in duplicate, and each copy shall include the applicable arbitration agreement. The Demand shall set forth the names, addresses, and telephone numbers of the parties; a brief statement of the nature of the dispute; the amount in controversy, if any; the remedy sought; and requested hearing location.

(2) Simultaneously provide a copy of the Demand to the other party

(hereinafter “Respondent[s]”).

(3) Include with its Demand the applicable filing fee, unless the parties agree to some other method of fee advancement.

(ii) The Respondent(s) may file an Answer with the AAA within 15 days after the date of the letter from the AAA acknowledging receipt of the Demand. The Answer shall provide the Respondent’s brief response to the claim and the issues presented. The Respondent(s) shall make its filing in duplicate with the AAA, and simultaneously shall send a copy of the Answer to the Claimant. If no answering statement is filed within the stated time, Respondent will be deemed to deny the claim. Failure to file an answering statement shall not operate to delay the arbitration.

(iii) The Respondent(s):

(1) May file a counterclaim with the AAA within 15 days after the date of the letter from the AAA acknowledging receipt of the Demand. The filing shall be made in duplicate. The counterclaim shall set forth the nature of the claim, the amount in controversy, if any, and the remedy sought.

(2) Simultaneously shall send a copy of any counterclaim to the Claimant.

(3) Shall include with its filing the applicable filing fee provided for by these rules.

(iv) The Claimant may file an Answer to the counterclaim with the AAA within 15 days after the date of the letter from the AAA acknowledging receipt of the counterclaim. The Answer shall provide Claimant’s brief response to the counterclaim and the issues presented. The Claimant shall make its filing in duplicate with the AAA, and simultaneously shall send a copy of the Answer to the Respondent(s). If no answering statement is filed within the stated time, Claimant will be deemed to deny the counterclaim. Failure to file an answering statement shall not operate to delay the arbitration. c. The form of any filing in these rules shall not be subject to technical pleading requirements.

5. Changes of Claim

Before the appointment of the arbitrator, if either party desires to offer a new or different claim or counterclaim, such party must do so in writing by filing a written statement with the AAA and simultaneously provide a copy to the other party(s), who shall have 15 days from the date of such transmittal within which to file an answer with the AAA. After the appointment of the arbitrator, a party may offer a new or different claim or counterclaim only at the discretion of the arbitrator. 6. Jurisdiction

a. The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement.

b. The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitrator that the contract is null and void shall not for that reason alone render invalid the arbitration clause. c. A party must object to the jurisdiction of the arbitrator or to the arbitrability of a claim or counterclaim no later than the filing of the answering statement to the claim or counterclaim that gives rise to the objection. The arbitrator may rule on such objections as a preliminary matter or as part of the final award. 7. Administrative and Mediation Conferences

Before the appointment of the arbitrator, any party may request, or the AAA, in its discretion, may schedule an administrative conference with a representative Rules Amended and Effective November 1, 2009. Introduction Revised October 1, 2017. EMPLOYMENT RULES 13 14 RULES AND MEDIATION PROCEDURES American Arbitration Association of the AAA and the parties and/or their representatives. The purpose of the administrative conference is to organize and expedite the arbitration, explore its administrative aspects, establish the most efficient means of selecting an arbitrator, and to consider mediation as a dispute resolution option. There is no administrative fee for this service.

At any time after the filing of the Demand, with the consent of the parties, the AAA will arrange a mediation conference under its Mediation Procedures to facilitate settlement. The mediator shall not be any arbitrator appointed to the case, except by mutual written agreement of the parties. There is no additional filing fee for initiating a mediation under the AAA Mediation Procedures for parties to a pending arbitration.

8. Arbitration Management Conference

As promptly as practicable after the selection of the arbitrator(s), but not later than 60 days thereafter, an arbitration management conference shall be held among the parties and/or their attorneys or other representatives and the arbitrator(s). Unless the parties agree otherwise, the Arbitration Management Conference will be conducted by telephone conference call rather than in person. At the Arbitration Management Conference the matters to be considered shall include, without limitation:

i. the issues to be arbitrated;

ii. the date, time, place, and estimated duration of the hearing; iii. the resolution of outstanding discovery issues and establishment



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