Unified Arbitration Guidelines & Procedures 

Introductory Rules

 

Rule 1: Scope and Applicability of Rules

 

1.1 These Unified Arbitration Guidelines & Procedures (the “Unified Arbitration Guidelines”) shall govern arbitration proceedings administered by Peace of Mind Guarantee if parties agree to arbitrate pursuant to these Peace of Mind Guarantee or Peace Pact more particularly described at www.peaceprovokers.com.

 

1.2 The parties shall be deemed to have made these Unified Arbitration Guidelines a part of their arbitration agreement whenever the conditions set forth in Rule 1.1 exist.

 

Rule 2: Amendment and Modification of Rules

 

2.1 Peace of Mind Guarantee may amend these Unified Arbitration Guidelines at any time. The version of these Unified Arbitration Guidelines in effect at the time a party initiates arbitration, as provided in Rules 8 and 9, shall govern.

 

2.2 The arbitrator also has discretion to vary these rules to ensure a fair, efficient hearing.

 

Rule 3: Place of Arbitration

 

All Peace of Mind Guarantee arbitrations are deemed to be seated in Boise, Idaho.  Where the Arbitration is seated is a legal concept rather than a physical one.

 

Rule 4: Independence, Neutrality, and Jurisdiction of Arbitrator

 

4.1 Peace of Mind Guarantee-affiliated arbitrators are independent and neutral decision-makers. They are not employees of Peace of Mind Guarantee, and they must adhere to the Ethics Standards for Neutral Arbitrators as described by the American Bar Associations 

 

4.2 The arbitrator shall have the power to rule on his or her own jurisdiction, including objections regarding the existence, formation, enforceability, validity, or scope of an agreement to arbitrate; the arbitrability of any claim or counterclaim; or whether any conditions precedent have been satisfied or waived.

 

Rule 5: Electronic Service

 

The parties agree to electronic service of process, with service to be made to the email address provided or otherwise referenced in their Peace of Mind Guarantee arbitration clause, or the relevant agreement containing a Peace of Mind Guarantee arbitration clause. If no email address is provided in the agreement, the parties agree to electronic service at the last known email address one party had for the other party, as well as any publicly accessible email address. Service is complete upon sending the email, even if a party has not opened the email. The parties are responsible for maintaining and actively monitoring a valid email address. Peace of Mind Guarantee or the arbitrator may also authorize service of process through reliable means other than email when warranted by the circumstances.

 

Rule 6: Computation of Time

 

In computing any time period specified in these Unified Arbitration Guidelines, one must exclude the day of the event that triggers the period; count every day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. However, Peace of Mind Guarantee will work with the parties to account for legal holidays and weekends as appropriate.

 

Rule 7: Peace of Mind Guarantee’s Authority to Administer Arbitrations

 

7.1 When parties agree to arbitrate using Peace of Mind Guarantee, the parties authorize Peace of Mind Guarantee to administer the arbitration and to implement these Rules through any representative as Peace of Mind Guarantee may direct.

 

7.2 At the request of a party, or upon Peace of Mind Guarantee’s own initiative, Peace of Mind Guarantee has discretion to convene administrative conferences with the parties at any time to address any procedural or administrative matter.

 

7.3 Peace of Mind Guarantee, in its sole discretion and at any time in the arbitration process, may decline to hear or temporarily pause any arbitration proceeding. Furthermore, in the event of an emergency impacting Peace of Mind Guarantee, the arbitrator, or the parties, such as a medical emergency for an individual or a widespread emergency such as a public health emergency, wildfire, hurricane, or earthquake, Peace of Mind Guarantee, in its sole discretion, may modify these Unified Arbitration Guidelines or extend any deadline in these Unified Arbitration Guidelines in connection with an arbitration proceeding.

 

7.4 A party may contact Peace of Mind Guarantee through email at ella@peaceprovokers.com at any time.

 

Initiating the Arbitration

 

The party who initiates the arbitration is called the claimant. The other party is called the respondent. There are 2 different ways, as outlined in Rules 8 and 9, for a claimant to initiate a Peace of Mind Guarantee arbitration, depending on whether the parties already have a written agreement to arbitrate their disputes using Peace of Mind Guarantee. It is the responsibility of the submitting party to ensure the accuracy of all information submitted. The submitting party assumes liability for any damages incurred by Peace of Mind Guarantee, its agents, partners, or affiliates, resulting from the submission of knowingly false information. The parties agree that the parties to the arbitration shall be the legal entities with which business was done, if such legal entities exist, regardless of the names and contact information the parties submit to the Peace of Mind Guarantee while initiating the arbitration process.

 

Rule 8: Invoking the Arbitration Clause

 

8.1 If the parties have a written agreement that contains a Peace of Mind Guarantee arbitration clause, a party may initiate the arbitration process by filing a Demand for Arbitration, which sets forth the claims and remedies sought. An initiating party can email ella@peaceprovokers.com to get started, along with a copy of the applicable arbitration clause. The Demand for Arbitration may include a supplemental statement of claims not to exceed 10 pages, unless allowed by the arbitrator once appointed.

 

8.2 If a party to the agreement initiates litigation instead of filing a Demand for Arbitration with Peace of Mind Guarantee, then the other party may ask the court to send the dispute to Peace of Mind Guarantee instead.

 

8.3 Simultaneously with the filing of the Demand for Arbitration with Peace of Mind Guarantee, the party initiating the arbitration process (the “Claimant”) shall serve the Demand for Arbitration on the other party (the “Respondent”) via electronic service.

 

8.4 Respondent will have 14 days from the date of service of the Demand for Arbitration to agree to participate in the arbitration process. If Respondent fails to agree to participate in the arbitration process within the 14-day period, Peace of Mind Guarantee shall confirm in writing (via electronic mail to the address provided by Claimant) that party’s failure to respond or participate, and the arbitrator, once appointed, shall move forward with arbitration proceedings which may include scheduling a live hearing that will take place by video or telephone conference, or a document-only arbitration without a live hearing. Peace of Mind Guarantee shall provide appropriate notice via electronic mail of the arbitration proceedings and opportunities to participate in the arbitration.

 

8.5 Respondent may file an Answer responding to the Demand for Arbitration. Respondent’s Answer may include responses, affirmative defenses, and counterclaims along with the remedies sought, and may include a supplemental statement of responses, affirmative defenses, and counterclaims not to exceed 10 pages, unless allowed by the arbitrator once appointed. Respondent’s filing of an Answer is due within 14 days of the date of service of the Demand for Arbitration if a party’s claim or counterclaim does not exceed $250,000. If a party’s claim or counterclaim exceeds $250,000, Respondent’s filing of an Answer is due within 21 days of the date of service of the Demand for Arbitration. Simultaneously with the filing of the Answer with Peace of Mind Guarantee, Respondent shall serve the Answer on Claimant via electronic service. If Respondent fails to file and serve an Answer within the stated time, Respondent shall be deemed to have denied all claims, and such failure to file an Answer shall not operate to delay the arbitration.

 

8.6 If Respondent’s Answer contains a counterclaim, Claimant may file a Reply to the counterclaim, including affirmative defenses.

 

 Claimant’s filing of a Reply is due within 14 days of the date of service of the Answer if a party’s claim or counterclaim does not exceed $250,000. If a party’s claim or counterclaim exceeds $250,000, Claimant’s filing of a Reply is due within 21 days of the date of service of the Answer. Simultaneously with the filing of the Reply with Peace of Mind Guarantee, Claimant shall serve the Reply on Respondent via electronic service. If Claimant fails to file and serve a Reply within the stated time, Claimant shall be deemed to have denied the counterclaim, and such failure to file a Reply shall not operate to delay the arbitration.

 

Rule 9: Post-Dispute Agreement to Arbitrate

 

9.1 If the parties do not have a written agreement that contains a Peace of Mind Guarantee arbitration clause, then a potential claimant may invite a potential respondent to resolve an existing dispute using Peace of Mind Guarantee. A potential claimant can email ella@peaceprovokers.com to get started.

 

9.2 Once the parties have agreed to use Peace of Mind Guarantee under a post-dispute arbitration agreement, that agreement is binding on the parties, and the arbitration shall be considered to have been initiated. Peace of Mind Guarantee shall then direct the parties to continue with the arbitration process by filing and serving a Demand for Arbitration, Answer, and Reply (if applicable) as provided in Rule 8. The deadlines for filing and serving these items shall be set forth in email notices provided to the parties.

 

Rule 10: Objections to Arbitrability

 

A party that believes an arbitration clause was invoked by another party in error for any reason, including that there is no agreement to arbitrate or that a claim is outside the scope of the agreement to arbitrate, must raise such objections no later than 14 days from the initiation of arbitration by notifying Peace of Mind Guarantee at ella@peaceprovokers.com and requesting the arbitration be paused for up to 14 days while Peace of Mind Guarantee brings this to the other party’s attention and provides both sides with an opportunity to discuss whether they in fact have a valid agreement to arbitrate through Peace of Mind Guarantee. Furthermore, Peace of Mind Guarantee and the arbitrator have discretion to raise such issues unprompted by any party. A party may also raise these objections with the arbitrator at the preliminary conference, and the arbitrator may resolve these objections as a preliminary matter or as part of the Award at the end of a case. The arbitrator, not Peace of Mind Guarantee, shall have the power to resolve these objections.

 

Rule 11: Payment of Administrative and Arbitrator Fees

 

11.1 After Claimant initiates the arbitration pursuant to Rule 8, or after Respondent agrees to arbitrate pursuant to Rule 9, Peace of Mind Guarantee will ask the parties to pay the requisite administrative, arbitrator, and other fees as provided in the Fee Schedule. Further fee payment may be due throughout the arbitration process, as applicable. Parties who are indigent consumers must pay only the arbitrator fee, not the administrative fee.

 

11.2 A party may, at its sole discretion and with notice to Peace of Mind Guarantee and the other party, pay some or all of the other side’s fees. Also with notice to both parties, a third party may agree to pay some or all of both parties’ fees. If a party elects to pay fees for a non-paying party, the arbitrator, at her sole discretion, may award those fees to the paying party, in addition to any amount awarded for the dispute itself, should the paying party prevail. In general, either party or a third party to a dispute may pay some or all of the other party’s fees or some or all of both parties’ fees unless a party objects; for claims pursuant to Rule 8, a party or third party may pay some or all of a party’s fee even if the party objects.

 

11.3 If, at any time, any party has failed to pay the requisite administrative, arbitrator, and other fees in full, Peace of Mind Guarantee may pause or refuse to hear the arbitration. Under special circumstances, Peace of Mind Guarantee may also temporarily pause or waive the collection of requisite fees.

 

For more information about fees, please read the Fee Schedule section in these Rules.

 

Rule 12: Amendments and Notice of Claims, Counterclaims, Remedies, and Defenses

 

12.1 Claimant or Respondent may amend its Demand for Arbitration, Answer, or Reply, including counterclaims and defenses, once as a matter of course before an arbitrator is appointed by filing and simultaneously serving the amendment on the other party. Any response to a new claim or new counterclaim shall be made within 14 days of service of such new claim or new counterclaim that does not exceed $250,000, and within 21 days of service of such new claim or new counterclaim that does exceed $250,000. After the arbitrator is appointed, no amendments may occur without the arbitrator’s permission.

 

12.2 Each party shall provide reasonable and timely notice to the other parties of the claims, counterclaims, remedies sought, and defenses, as provided in these Unified Arbitration Guidelines. The arbitrator may not consider any claims, counterclaims, remedies sought, or defenses in the absence of such notice unless the arbitrator determines that the lack of notice has not caused undue prejudice.

 

Rule 13: Arbitrator Appointment, Disclosures, and Disqualification

 

13.1 The arbitration shall be conducted by 1 arbitrator. The term “arbitrator” in these Unified Arbitration Guidelines shall mean the arbitrator hearing a dispute.

 

13.2 If the parties have not appointed an arbitrator, Peace of Mind Guarantee shall present the parties with a list of arbitrators to choose from and appoint one of the arbitrators the parties agree on, after allowing the parties up to 7 days to provide their preferences. If the parties do not agree on an arbitrator, Peace of Mind Guarantee will appoint an arbitrator from its roster and notify the parties of the arbitrator assigned to their dispute. Peace of Mind Guarantee’s appointment of an arbitrator shall occur once the parties have initiated arbitration (either by invoking an arbitration clause pursuant to Rule 8 or by entering into a post-dispute agreement to arbitrate pursuant to Rule 9) and fees have been paid.

 

13.3 Any person appointed to serve as an arbitrator, the parties, and their representatives must provide information to Peace of Mind Guarantee concerning any circumstances likely to raise justifiable doubt as to whether the arbitrator can remain impartial or independent or properly hear your case. Such disclosures shall be made within 7 days of the appointment of the arbitrator, and such disclosures would include any potential bias, financial, or personal interest in the result of the arbitration, or any past or present relationship with the parties or their representatives, or any other disclosures required by applicable law. The obligation to make disclosures continues throughout the arbitration process. Peace of Mind Guarantee will communicate the disclosures to the parties and, if appropriate, to the arbitrator.

 

13.4 Peace of Mind Guarantee’s appointment of an arbitrator is final and conclusive barring any conflict of interest or other ethical consideration which may impact the arbitrator’s ability to remain impartial or independent or properly hear your case. Should you have a concern with your assigned arbitrator, you must immediately bring that concern to Peace of Mind Guarantee’s attention. Peace of Mind Guarantee shall convene a Circle to to decide whether the arbitrator should be disqualified and whether to appoint a new arbitrator, and Peace of Mind Guarantee’s decision shall be final and conclusive. Notwithstanding the foregoing, Peace of Mind Guarantee may re-assign your arbitrator at Peace of Mind Guarantee’s discretion any time prior to your hearing at no additional charge and will, in such cases, provide notice to the parties. The failure of a party to timely object to the appointment or continued service of an arbitrator shall result in the waiver of the right to object to an arbitrator in accordance with Rule 28.

 

Rule 14: Ex Parte Communications

 

In plain English, "ex parte communications" refers to any communication between a judge or arbitrator and one of the parties involved in a case without the other parties being present or informed. It means one side gets to talk to the decision-maker without the other side knowing about it. This is generally not allowed because it can create unfairness and bias, as the other parties don’t have the opportunity to respond or present their side of the story. The goal is to ensure transparency and fairness in legal proceedings.

 

For example, if you’re involved in a dispute and the arbitrator has a private conversation with the other party without informing you, that would be considered an ex parte communication and would be inappropriate.

 

No party shall engage in any ex parte communication with the arbitrator during the arbitration process, and no party shall engage in any communication with the arbitrator after the arbitration process. All communications related to the arbitration process (other than service of process on another party, which is covered by Rule 5) shall be made to and from Peace of Mind Guarantee directly, and no other communications will be considered valid either for the arbitration or any subsequent disputes.

 

Rule 15: Emergency Measures

 

15.1 Prior to the appointment of an arbitrator pursuant to Rule 13, any party may request emergency measures against any other party by an emergency arbitrator appointed solely for that purpose.

 

15.2 The applicant for emergency measures must file a written request with Peace of Mind Guarantee via ella@peaceprovokers.com, accompanied by the applicable fees for emergency measures, and the request should include the specific emergency measures sought, the grounds for such relief, as well as evidence and law supporting the request. Simultaneously with the filing of the written request, the applicant shall serve the request on all parties via electronic service. If electronic service is not possible, the applicant must attempt other reliable methods of service on all parties and explain such attempts in the written request filed with the Peace of Mind Guarantee.

 

15.3 If the parties have not appointed an emergency arbitrator, Peace of Mind Guarantee shall promptly appoint an emergency arbitrator from its roster and notify the parties of the arbitrator assigned to their dispute. Peace of Mind Guarantee shall make reasonable efforts to appoint the emergency arbitrator within 1 business day of the applicant’s filing of the written request for emergency measures and payment of requisite fees.

 

15.4 The emergency arbitrator shall promptly disclose any circumstance, based on the facts disclosed on the applicant’s written request, likely to raise justifiable doubt as to whether the arbitrator can remain impartial or independent or properly hear the request for emergency relief. Should a party have a concern with the assigned emergency arbitrator, the party must immediately bring that concern to Peace of Mind Guarantee’s attention within 1 business day. Peace of Mind Guarantee shall then decide whether the arbitrator should be disqualified and whether to appoint a new arbitrator, and Peace of Mind Guarantee’s decision shall be final and conclusive.

 

15.5 The emergency arbitrator shall determine the procedures to be followed and immediately issue an emergency scheduling order regarding consideration of the request for emergency relief. Through the scheduling order, the emergency arbitrator shall provide an opportunity for hearing via video or telephone conference for all affected parties. The emergency arbitrator shall have the powers vested in an arbitrator Tribunal under these Unified Arbitration Guidelines, including the power to rule on the arbitrator’s own jurisdiction and on the applicability of this Rule 15.

 

15.6 The emergency arbitrator may grant emergency measures by issuing an Emergency Award if the applicant is entitled to such relief.

 

15.7 The Emergency Award shall remain in effect until modified or vacated by the emergency arbitrator or by the arbitrator appointed pursuant to Rule 13. The emergency arbitrator may also modify or vacate the Emergency Award for good cause. If an arbitrator is appointed pursuant to Rule 13 before the emergency arbitrator has issued an Emergency Award, the emergency arbitrator shall retain jurisdiction to issue such an award unless the arbitrator appointed pursuant to Rule 13 directs otherwise. After an arbitrator has been appointed pursuant to Rule 13, such arbitrator may modify or vacate the Emergency Award.

 

15.8 Unless agreed to by the parties, the emergency arbitrator shall not serve as the arbitrator appointed pursuant to Rule 13.

 

Preparing for the Arbitration Proceeding

 

Rule 16: Preliminary Conference

 

16.1 After an arbitrator is appointed, the arbitrator will propose times for a preliminary conference, and Peace of Mind Guarantee will send a notification to the parties inviting them to share their availability during those times. The arbitrator will make a good faith effort to accommodate both parties’ preferences when scheduling a preliminary conference but will have discretion to pick a time if schedules do not align after two rounds of scheduling. A preliminary conference will be held via video or telephone conference. At the preliminary conference, the parties and the arbitrator should be prepared to discuss the administration of the arbitration so that the arbitration is conducted in a fair, efficient manner and results in the issuance of an award within approximately 90 days after the appointment of an arbitrator. Prior to the preliminary conference, an arbitrator may also propose hearing times for a live-hearing arbitration, and Peace of Mind Guarantee may send a notification to the parties inviting them to share their availability. At the preliminary conference, the arbitrator may address the following with the parties:

 

- Whether the parties may identify and narrow the issues that are relevant and material to the dispute and thereby limit the issues that would be addressed in arbitration.

- The limited exchange of information pursuant to Rule 17.

- The issuance of subpoenas.

- The scheduling of a document-only or live-hearing arbitration, and whether a live-hearing arbitration will be conducted through video or telephone conference.

- Any pre-hearing exchanges of information, exhibits, or briefs.

- Any other matters raised by the parties or suggested by the arbitrator.

 

16.2 If the parties agree, they may forgo the preliminary conference if they jointly provide Peace of Mind Guarantee the following information in writing at least 7 days before the scheduled preliminary conference:

 

(a) A statement that the parties have no objections to the appointment of the arbitrator.

(b) A plan for the limited exchange of information pursuant to Rule 17, including deadlines for the exchange of information.

(c) Procedures and deadlines for the issuance of subpoenas.

(d) Whether the parties agree to waive a live hearing and have a document-only arbitration.

(e) Whether a live-hearing arbitration will be conducted through video or telephone conference.

(f) At least three mutually-agreeable sets of dates for live hearings within 90 days from the appointment of the arbitrator.

 

16.3 Immediately following the preliminary conference, or immediately after receiving the parties joint submission pursuant to Rule 16.2, the arbitrator shall issue a procedural order governing the arbitration and setting forth deadlines, which may include the dates for the exchange of information; deadlines regarding a document-only arbitration; and dates and times for a live-hearing arbitration and instructions on how to attend the live hearing via video or telephone conference. In establishing deadlines, the arbitrator should consider the needs of the parties, the size and complexity of the dispute, and any other significant factors.

 

16.4 After the arbitrator issues a procedural order as provided in Rule 16.3, the dates and deadlines set forth in the order shall not be modified unless by the agreement of the parties and approved by the arbitrator; by a decision of the arbitrator if necessary under the circumstances; by a decision of Peace of Mind Guarantee if necessary under the circumstances; or as otherwise set forth in these Unified Arbitration Guidelines. In no event shall the failure to issue an Award within a deadline impact the validity of the Award.

 

16.5 The arbitrator may convene additional conferences if necessary to address other matters, such as dispositive motions and disputes about the exchange of information.

 

Rule 17: Limited Exchange of Information

 

17.1 Consistent with the goal of these Unified Arbitration Guidelines to provide fair proceedings and a final decision within approximately 90 days after the appointment of an arbitrator, the arbitrator shall manage any necessary exchange of information among the parties, including setting forth deadlines for exchanging information and resolving any disputes regarding such exchange. The arbitrator has discretion to resolve such disputes with a conference if necessary.

 

17.2 Each party must exchange (a) electronic copies of all hardcopy documents and electronic documents that the party has in its possession, custody, or control which are relevant to the dispute, including any hardcopy and electronic documents upon which the party may rely to support its own claims or defenses; and (b) the names of individuals whom the party may call as witnesses at a live-hearing arbitration or who may submit a witness statement for a document-only arbitration.

 

17.3 If no party’s claim or counterclaim exceeds $250,000, the parties shall exchange information covered by Rule 17.2 within 21 days of service of an Answer (or if the Answer contains a counterclaim, within 21 days of service of a Reply). If a party’s claim or counterclaim exceeds $250,000, the parties shall exchange information covered by Rule 17.2 within 28 days of service of an Answer (or if the Answer contains a counterclaim, within 28 days of service of a Reply). The exchange of information covered by Rule 17.2 may occur prior to a preliminary conference.

 

17.4 With the arbitrator’s permission, a party may make reasonable requests concerning particular categories of documents that are relevant to the dispute.

 

17.5 Other than the exchange of information provided in Rule 17, there shall be no additional exchange of information or discovery unless both parties agree or unless the arbitrator determines additional exchange of information or discovery should be permitted.

 

Rule 18: Subpoenas

 

If a party believes that a non-party has evidence relevant to the dispute, the party may request the arbitrator to sign a subpoena in accordance with applicable law. A party making such a request from the arbitrator shall simultaneously provide a copy of the request to the other party. If the arbitrator issues a subpoena, the party requesting the subpoena must serve the subpoena on all parties and, if applicable, on any non-party addressed in the subpoena.

 

Rule 19: Motions

 

Dispositive motions are discouraged in arbitration. However, the arbitrator may allow a party to file a dispositive motion if the arbitrator determines that the moving party has demonstrated substantial grounds that the motion is likely to succeed, such as a claim has been released through a prior settlement, res judicata, or the running of a statute of limitations. A party requesting permission to file a dispositive motion must first make a written application to the arbitrator, not to exceed 1 page, setting forth the grounds as to why the motion is likely to succeed. Pursuant to Rule 16.5, the arbitrator may convene a conference to discuss a party’s request to file such a motion, the total fees of which shall be paid by the party seeking to file the dispositive motion.

 

The Arbitral Proceeding

 

Rule 20: Document-Only Arbitration

 

20.1 For disputes where no party’s claim or counterclaim exceeds $250,000, the parties may agree to waive a live-hearing and have a document-only arbitration to resolve the entirety of the parties’ dispute.

 

20.2 In a document-only arbitration, each party shall be afforded the opportunity to be heard through uploading evidence, providing witness statements, responding to the other side’s evidence, and answering written questions asked by the arbitrator via a secure online platform provided by Peace of Mind Guarantee. The deadlines for these items will be set out in notices provided to the parties. The parties will be able to review and respond to the other party’s uploads and answers as outlined in notices provided to the parties. If necessary, the arbitrator may ask the parties for additional information. The rules of evidence need not be observed, and the arbitrator has discretion with regards to what evidence he or she will consider and in how to interpret and weigh such evidence.

 

20.3 Following arbitrator review and questioning, the arbitrator shall issue an Award pursuant to Rule 23.

 

20.4 A witness submitting a witness statement must sign and date the witness statement and include the following certification at the end of the witness statement: “I certify under penalty of perjury under the laws of the State of Idaho that the foregoing is true and correct.”

 

20.5 A party must submit a statement that the party’s submitted evidence is what the evidence is claimed to be and that the party’s descriptions of its own evidence, its responses to the other side’s evidence, and its responses to the arbitrator’s questions are all complete, true, and correct. The party must also sign and date this statement and include the following certification at the end of the statement: “I certify under penalty of perjury under the laws of the State of Idaho that the foregoing is true and correct.”

 

20.6 Each party shall have 1 opportunity to extend the deadlines for a document-only arbitration only with a showing of a documented medical, family, or other serious emergency. A party’s request to extend a deadline must be sent to ella@peaceprovokers.com no less than 3 days before the deadline. Subsequent requests, or requests received less than 3 days before the deadline, may not be honored. Peace of Mind Guarantee, at its sole discretion, may extend the deadlines for a document-only arbitration. Any extensions, rescheduling, or other deadline modifications shall apply to both parties in a given dispute.

 

20.7 In the event a party does not timely submit evidence or respond to the arbitrator’s questions, the arbitration shall be conducted in its absence.

 

20.8 A Peace of Mind Guarantee administrator may view and copy any submissions made in connection with a document-only arbitration for quality control purposes, evidentiary purposes, research purposes, and/or to review any future potential concerns you may later have.

 

20.9 The parties shall not offer as evidence, and the arbitrator shall neither admit into the record nor consider, prior settlement offers by the parties or statements or recommendations made by a mediator or other person in connection with efforts to resolve the dispute being arbitrated, except to the extent that applicable law permits the admission of such evidence.

 

20.10 The arbitration is private and confidential between the parties of a dispute, and all communications, negotiations, or settlement discussions by and between the participants and/or arbitrator in the arbitration shall remain confidential. Evidence of anything said or any admissions made in the course of the arbitration shall not be admissible in evidence or subject to discovery, and disclosure of that evidence cannot be compelled in any civil action or proceeding in which testimony can be compelled to be given.

 

Rule 21: Live-Hearing Arbitration

 

21.1 Remote Live Hearings

 

The live hearing may be conducted remotely via video or telephone conference by the agreement of the parties or at the arbitrator’s discretion.

 

21.2 Rescheduling a Live Hearing

 

Each party shall have 1 opportunity to reschedule the hearing only with a showing of a documented medical, family, or other serious emergency. A party’s request for rescheduling must be sent to ella@peaceprovokers.com no less than 3 days before the scheduled hearing time. Subsequent requests, or requests received less than 3 days before the scheduled hearing start time, may not be honored. Peace of Mind Guarantee, at its sole discretion, may reschedule hearings and/or extend other deadlines. Any extensions, rescheduling, or other deadline modifications shall apply to both parties in a given dispute.

 

21.3 Documentary Evidence for the Arbitrator

 

If a party has documentary evidence that it would like the arbitrator to consider in connection with the live hearing, the party must upload the evidence to the secure online platform provided by Peace of Mind Guarantee.

 

Peace of Mind Guarantee will set a deadline for the parties to upload all of their documentary evidence, and the parties will receive reasonable notice of that deadline via electronic mail after the arbitration process begins.

 

After the evidence upload deadline has passed, Peace of Mind Guarantee will give the arbitrator and both parties "view-only" access to all of the documentary evidence. Each party agrees not to take screenshots, save, or distribute in any way the other party’s documentary evidence.

 

21.4 Witnesses

 

All witnesses must have direct, personal knowledge of the facts and situation in dispute, and each party shall have a maximum of 2 witnesses at their live hearing if no party’s claims or counterclaims exceed $250,000 (or a maximum of 4 witnesses if a party’s claim or counterclaim exceeds $250,000), unless the arbitrator or Peace of Mind Guarantee allows for additional witnesses.

 

If a party believes that a witness’s testimony is relevant to the dispute, the party should ask that witness to attend the live hearing. It is the sole responsibility of the party producing a witness to ensure that witness is available promptly at the hearing time. If the witness would like to testify but is not available during the scheduled hearing time, the party may instead upload a video of the witness or submit a witness affidavit as documentary evidence. If the witness will not agree to attend the hearing or make a video, the party may request from the arbitrator a subpoena requiring the witness’s attendance at the hearing in accordance with Rule 18.

 

21.5 Witness Fees

 

If a witness (who is not an agent, officer, or employee of a party) appears at the hearing pursuant to subpoena, the party who subpoenaed the witness must pay him or her a fee. If the arbitrator subpoenaed the witness, then Peace of Mind Guarantee will pay the witness and invoice each party for half of the fee. If a subpoenaed witness must travel in order to have access to the technology required to attend the hearing via video or telephone, then he or she will also be paid for mileage actually traveled, both ways, at the current standard mileage rate set by the IRS.

 

21.6 Stenographic Record

 

The arbitrator will use fireflies.ai to create a transcript of the live sessions; this is the arbitrator's work product only and may not be subpoenaed by either party.  The Peace of Mind Guarantee may use the transcript for training purposes, but we do not maintain an official record of the proceeding or of any documents filed in a matter unless otherwise mutually agreed by all parties.

 

21.7 Parties’ Rights During A Live Hearing

 

Each party shall be afforded the opportunity to be heard, but the rules of evidence need not be observed. The arbitrator has discretion with regards to the length of a hearing, time allotted to each party or witness to make statements during a hearing, what evidence the arbitrator will consider, and in how to interpret and weigh such evidence.

 

Unless otherwise determined by the arbitrator, the parties shall submit, at least 7 days before a live hearing, a concise pre-hearing memorandum of 10 pages or less (unless otherwise determined by the arbitrator), which may include a summary of the facts and evidence the party intends to present, a summary of the claims and applicable law or authorities upon which the party relies, and a statement of the relief requested or why the relief sought should be denied.

 

In the event a party does not appear at a scheduled hearing, the hearing shall be conducted in its absence (please see Rule 21.2 for our process and rules on rescheduling a hearing for good cause). The non-showing party shall be given the opportunity to submit to Peace of Mind Guarantee, within 7 days of the scheduled hearing start time, a written, audio, or video statement for the arbitrator’s consideration. If a statement is submitted, the showing party shall then have 7 days to respond to that statement. However, the arbitrator has discretion on whether and how to consider such evidence.

 

In the event neither party appears at a scheduled hearing, both parties shall have 7 days from the scheduled hearing start time to submit a supplemental statement to be considered by the arbitrator before a decision is made, which will be considered at the arbitrator’s discretion. In such cases, both parties shall have 7 days to respond to the other side’s submitted statement.

 

A Peace of Mind Guarantee administrator may join and/or Peace of Mind Guarantee may record your live hearing for quality control purposes, evidentiary purposes, research purposes, and/or to review any future potential concerns you may later have.

 

The testimony of witnesses and parties shall be given under oath and penalty of perjury. The arbitrator has the power to administer oaths pursuant to Idaho Code Section 7-907 which states:

(a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence, and shall have the power to administer oaths.

 

The arbitrator shall rule on the admission and exclusion of evidence and on questions of procedure, and shall exercise all powers relating to the conduct of the hearing .

 

Any party desiring an interpreter for a live hearing shall make any necessary arrangements with the interpreter and shall pay the costs of the interpreter’s service. An interpreter must be certified or registered to serve as a court interpreter in the state where the interpreter is located unless the arbitrator waives the certification or registration requirement.

 

The parties shall not offer as evidence, and the arbitrator shall neither admit into the record nor consider, prior settlement offers by the parties or statements or recommendations made by a mediator or other person in connection with efforts to resolve the dispute being arbitrated, except to the extent that applicable law permits the admission of such evidence.

 

All communications, negotiations, or settlement discussions by and between the participants and/or arbitrator in the arbitration shall remain confidential. Evidence of anything said or any admissions made in the course of the arbitration shall not be admissible in evidence or subject to discovery, and disclosure of that evidence cannot be compelled in any civil action or proceeding in which testimony can be compelled

 

Rule 21.8: Post-Hearing Evidence

 

If requested by the arbitrator, the parties may submit evidence after the live hearing. Post-hearing evidence will be allowed only at the arbitrator’s request and discretion and not as a matter of course.

 

Rule 21.9: Close of Live Hearing

 

When the arbitrator determines that all relevant and material evidence and arguments have been presented, including any post-hearing evidence, the arbitrator may at their discretion declare the live hearing to be closed.

 

Rule 22: Settlement Prior to Service of Award

 

22.1 Parties may settle their dispute prior to the service of an Award, and the arbitrator may facilitate such a settlement if the parties agree for the arbitrator to become involved in facilitating a settlement. If the parties agree for the arbitrator to become involved in facilitating a settlement, the parties shall be deemed to have also agreed that (a) such assistance in settlement shall not disqualify the arbitrator from continuing to serve as arbitrator if a settlement is not reached; and (b) the arbitrator’s assistance in settlement cannot be the basis for a court’s vacating or modifying an Award.

 

22.2 If the parties agree to settle their matter prior to the arbitrator's service of an Award (whether that settlement is agreed upon via mediation, Peace of Mind Guarantee’s settlement tools such as Circles, Ella the AI Advocate or any of the online self coaching tools, with the assistance of the arbitrator, or independently), the parties must enter that settlement, including all aspects and terms of the settlement, into the Peace of Mind Guarantee data room and agree to be bound by that settlement prior to the arbitrator’s service of an Award. Settlement offers made using the Peace of Mind Guarantee data room are binding and enforceable once accepted by the offeree. The arbitrator may issue an Award if a settlement reached by the parties is not formalized, entered into the Peace of Mind Guarantee data room, and agreed to by the parties.

 

22.3 If a dispute arises between the parties on whether they made a valid settlement, the parties may ask the arbitrator to make a ruling on that point as part of the Award and may, in that instance, disclose related settlement details to the arbitrator. Disclosure of such settlement details shall not disqualify the arbitrator from continuing to serve as an arbitrator in the case, and such disclosures cannot be the basis for a court’s vacating or modifying an Award.

 

22.4 If the parties request the arbitrator to embody a settlement in a Consent Award, the arbitrator may ask the parties for further information about the settlement, and it is within the arbitrator’s discretion to comply with the parties’ request.

 

22.5 Any settlement agreed to by the parties must be fulfilled within 30 days unless the parties agree otherwise.

 

22.6 The arbitrator retains jurisdiction over the parties’ dispute unless and until the parties fulfill the obligations of their settlement on time (whether such settlement is made during, before, or after a hearing), and the arbitrator may issue an Award at any time which displaces the settlement unless and until such obligations are fulfilled, for up to 1 year from the date of entry or notification to Peace of Mind Guarantee of the settlement.

 

22.7 Once the parties have initiated Peace of Mind Guarantee arbitration (either by invoking an arbitration clause pursuant to Rule 8 or by entering into a post-dispute agreement to arbitrate pursuant to Rule 9), the parties may not terminate or withdraw from the arbitration unless both parties agree to such termination or withdrawal in writing and notify Peace of Mind Guarantee at ella@peaceprovokers.com prior to the arbitrator’s service of the Award.

 

22.8 In the event of a termination, withdrawal, or a settlement prior to the arbitrator’s service of the Award, the parties shall be responsible for the following fees if not already paid:

- Peace of Mind Guarantee’s administrative fee;

- The arbitrator’s fees for any preliminary conferences already held;

- Any administrative fee and arbitrator fee for emergency measures or motions;

- Half or more of the arbitrator’s fees for a document-only arbitration based on the timeline;

- For a live-hearing arbitration, half or more of the arbitrator’s fees are based on the timeline and the days of hearings that have already occurred.

 

Rule 23: Service of the Award

 

23.1 The arbitrator’s Award shall be in writing and state the arbitrator’s reasoning. The Award shall be emailed to both parties within 14 days after the close of a document-only arbitration or a live-hearing arbitration if no party’s claim or counterclaim exceeds more than $250,000. If a party’s claim or counterclaim exceeds $250,000, the Award shall be emailed to both parties within 21 days after the close of arbitration. Peace of Mind Guarantee retains discretion to extend these time limits if warranted by the circumstances.

 

23.2 The arbitrator will satisfy Idaho Code Section 7-908, which requires that the award be signed, by e-signing the email with his or her typed name.

 

23.3 In resolving the dispute, the arbitrator shall be guided by the rules of law agreed upon by the parties. In the absence of such agreement, the arbitrator will be guided by the law or the rules of law that the arbitrator deems to be most appropriate. The arbitrator may grant any remedy or relief that is just and equitable and within the scope of the parties’ agreement.

 

23.4 The arbitrator may award pre- and post-award interest and/or other expenses and fees if provided by the parties’ agreement or permitted by applicable law. If post-award interest is awarded, it shall compound annually and begin accruing 30 days after the award date. If both parties agree, they may enter into an extended payment plan that foregoes interest.

 

23.5 Within 7 days after service of an Award, any party may serve upon Peace of Mind Guarantee and the other party a request that the arbitrator correct any computational, typographical, or other similar error(s) in an Award. Alternatively, the arbitrator or Peace of Mind Guarantee may sua sponte propose to correct such errors in an Award within 14 days of service of an Award. Sua sponte is a Latin term that means "on its own motion" or "of its own accord." In plain English, it refers to an action taken by a judge or arbitrator without a request from any party involved in the case. This means the judge or arbitrator makes a decision or takes an action independently, without being prompted by either side in the dispute.In either case, if the Arbitrator determines that he or she might make a correction to any computational, typographical, or other similar error(s) in an Award, a party opposing such correction shall have 7 days thereafter in which to file any response to the requested or proposed correction. If, on the other hand, the Arbitrator determines that he or she will not make such a correction, no further action by the opposing party is required. If applicable, after reviewing the opposing party’s response to the requested or proposed correction, the arbitrator may then make or decline to make any necessary and appropriate corrections to the Award and, if applicable, issue a corrected Award within 7 days of receiving the response of the party opposing a correction. The arbitrator may extend the time within which to make corrections upon good cause. The corrected Award shall be served upon the parties in the same manner as the Award.

 

23.6 The Award is considered final, for purposes of a judicial proceeding to confirm, enforce, correct, modify, or vacate the Award pursuant to Rule 25, 14 days after service of the Award if no request or proposal for a correction is made, or on the date the arbitrator or Peace of Mind Guarantee informs the parties that requested or proposed corrections will not be made, or on the date of service of a corrected Award.

 

Rule 24: Payment Pursuant to the Award

 

If the Award requires one party to pay the other party money, then the owing party must pay the amount owed no later than 30 days after the Award was served on the parties unless otherwise noted in the Award or arbitration agreement. Payment must be made via electronic payment, certified check, or money order sent via a trackable method of shipping, unless the parties agree otherwise.

 

Rule 25: Enforcement of the Award

 

25.1 Because Boise, Idaho, is deemed the place of the arbitration, the Ada County Superior Court would have jurisdiction over petitions to confirm, enforce, correct, modify, or vacate the Award, in addition to any other court having jurisdiction. The parties shall be deemed to have consented that judgment upon the Award may be entered in Ada County Superior Court or any court having jurisdiction thereof.

 

25.2 Proceedings to confirm, enforce, correct, modify, or vacate an Award will be governed by the Federal Arbitration Act, 9 U.S.C. Sec 1, et seq., or applicable state law.  In the instance of family law or divorce awards a local state court may also be required to issue confirmation of award and divorce decree.

 

25.3 Copies of any petition to confirm, enforce, correct, modify, or vacate an Award, and notices of any hearings, must be served on the other party and Peace of Mind Guarantee.

 

Rule 26: Privacy and Confidentiality of Arbitration

 

26.1 The arbitrator and Peace of Mind Guarantee shall maintain the privacy and confidential nature of the arbitration, unless the law provides to the contrary.

 

26.2 The arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets, and other sensitive information exchanged or disclosed in connection with the arbitration.

 

26.3 The parties agree that all communications and evidence related to the dispute shall remain confidential, and no party shall take any action that may harm the reputation of the other party, or which would reasonably be expected to lead to unwanted or unfavorable publicity regarding the parties. These confidentiality provisions do not apply to facts, communications, documentation, or other information received or gathered outside of the Peace of Mind Guarantee dispute resolution process.

 

26.4 Notwithstanding the foregoing, Peace of Mind Guarantee may share all case details, including a copy of the Award, with a referring third party who pays for the parties’ arbitration, and as required by law with a court or government agency with jurisdiction.

 

Rule 27: Violation of Rules and Procedures

 

Should any party violate these Unified Arbitration Rules, fail to comply with an arbitrator’s order during the course of the proceedings (such as orders regarding the exchange of information or orders regarding deadlines), and/or engage in offensive conduct or any other conduct not conducive to respectful and productive proceedings, the arbitrator may issue sanctions, and that party may, at the arbitrator's discretion or Peace of Mind Guarantee's discretion, be disallowed from further participation in a live hearing. In such a case where a party is disallowed from participation in a live hearing, that party would still be given an opportunity to submit testimony via audio, video, or written statement within 7 days following the hearing, and may also be given an opportunity to answer arbitrator questions. However, the arbitrator has discretion on whether and how to consider such evidence.

Rule 28: Waiver

 

28.1 If a party is aware that any of the Unified Arbitration Rules have not been complied with or have been violated, the party must immediately object in writing to ella@peaceprovokers.com before continuing with the arbitration, or the party is deemed to have waived its objection, unless the arbitrator determines such failure to object is justifiable.

 

28.2 If any party becomes aware of information that could be the basis of objecting to the appointment or continued service of an arbitrator, such objection must be made promptly to Peace of Mind Guarantee. Failure to do so shall constitute a waiver of any objection to the arbitrator.

 

Rule 29: Disqualification of the Arbitrator and Peace of Mind Guarantee as a Witness or Party and Exclusion of Liability

 

29.1 Arbitrators, mediators, or arbitration or alternative dispute resolution organizations acting in that capacity are immune from civil liability. As such, Peace of Mind Guarantee (including its directors, employees, contractors, agents, partners, and affiliates), the arbitrator, and mediator are likewise immune.

 

29.2 The parties (including their directors, employees, contractors, agents, partners, and affiliates) and the witnesses of the parties agree that immunity afforded by this section supplements any immunity under other law.

 

29.3 The parties (including their directors, employees, contractors, agents, partners, and affiliates) and the witnesses of the parties agree that the failure of an arbitrator or mediator to make any required disclosures does not cause any loss of immunity.

 

29.4 The parties (including their directors, employees, contractors, agents, partners, and affiliates) and the witnesses of the parties agree that in any pending or subsequent judicial, administrative, or similar proceeding, Peace of Mind Guarantee (including its directors, employees, contractors, agents, partners, and affiliates), the arbitrator, and mediator are not competent to testify, and may not be required to produce records as to any statement, conduct, decision, ruling, or any other matter relating to a Peace of Mind Guarantee arbitration or mediation proceeding. This Rule 29.4 does not apply to the extent necessary to determine any claims of Peace of Mind Guarantee (including its directors, employees, contractors, agents, partners, and affiliates), the arbitrator, and mediator against a party (including its directors, employees, contractors, agents, partners, and affiliates) to a Peace of Mind Guarantee arbitration or mediation proceeding.

 

29.5 The parties (including their directors, employees, contractors, agents, partners, and affiliates) and the witnesses of the parties agree that in any pending or subsequent judicial, administrative, or similar proceeding, including any actions for damages, injunctive, or declaratory relief, Peace of Mind Guarantee (including its directors, employees, contractors, agents, partners, and affiliates), the arbitrator, and mediator are not liable to any party or witness for any act or omission in connection with the parties’ arbitrations or mediations, including any decisions regarding the disqualification of an arbitrator.

 

29.6 The parties (including their directors, employees, contractors, agents, partners, and affiliates) and the witnesses of the parties agree that Peace of Mind Guarantee (including its directors, employees, contractors, agents, partners, and affiliates), the arbitrator, and mediator are not a necessary or proper party in any litigation or other proceeding relating to the parties’ arbitration or mediation.

 

29.7 The parties (including their directors, employees, contractors, agents, partners, and affiliates) and the witnesses of the parties agree that if anyone commences a civil action against Peace of Mind Guarantee (including its directors, employees, contractors, agents, partners, and affiliates), the arbitrator, or mediator arising from any of their services relating to the parties’ arbitration or mediation, or if the parties (including their directors, employees, contractors, agents, partners, and affiliates) and the witnesses of the parties seek to compel Peace of Mind Guarantee (including its directors, employees, contractors, agents, partners, and affiliates), the arbitrator, or mediator to testify or produce records in violation of Rule 29, and the court decides that there is immunity from civil liability or that Peace of Mind Guarantee (including its directors, employees, contractors, agents, partners, and affiliates), the arbitrator, and mediator are not competent to testify or do not have to produce records, the court shall award reasonable attorney’s fees and other reasonable expenses of litigation to Peace of Mind Guarantee (including its directors, employees, contractors, agents, partners, and affiliates), the arbitrator, and mediator.

 

29.8 To the extent permitted by applicable law, the parties (including their directors, employees, contractors, agents, partners, and affiliates) and the witnesses of the parties agree that in no event shall Peace of Mind Guarantee (including its directors, employees, contractors, agents, partners, and affiliates), the arbitrator, or mediator be liable to the parties or witnesses for any loss of profits, use, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from (a) the use, disclosure, or display of information related to the parties, including a data breach; (b) the parties’ use or inability to use any Peace of Mind Guarantee service; (c) any Peace of Mind Guarantee service generally or the software or systems that make such service available; or (d) any other interactions with Peace of Mind Guarantee (including its directors, employees, contractors, agents, partners, and affiliates), the arbitrator, mediator, or any of the other parties or witnesses to the arbitration or mediation, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Peace of Mind Guarantee (including its directors, employees, contractors, agents, partners, and affiliates), the arbitrator, or mediator have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

29.9 Parties and witnesses who are California residents waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Parties and witnesses who are not California residents also waive this provision of the California Civil Code and any other similar provision of applicable state law.