Rule 15-1104. Petition;agreement to arbitrate, answer, discovery; and extension.
(a)Petition and agreement to arbitrate. Proceedings before the Committee shall bestarted by the petitioning party completing and filing a verified petition toarbitrate fee dispute as well as an agreement to arbitrate fee dispute. Thepetition and agreement to arbitrate shall be on forms provided by the Bar. Whenthe petition and agreement to arbitrate are completed and signed by thepetitioner, they shall be filed with the Bar.
(b) Answer.The Bar shall forward to the respondent the petition and agreement toarbitrate, and request that the respondent sign and return the agreement toarbitrate and file an answer to the petition. The Bar will further advise thatif the respondent fails to answer and return the signed agreement to arbitratewithin ten days, the Committee will construe such failure as constituting arefusal by the respondent to submit to arbitration. Upon the Bar's receipt ofthe signed agreement to arbitrate and respondent's answer, the Bar shallforward to the petitioner a copy of the executed agreement to arbitrate and acopy of the respondent's answer.
(c) Fee.After both parties have agreed to binding arbitration, the petitioner shall paya $10 fee. Unless the fee is paid, the proceeding will not go forward.
(d)Respondent's refusal to arbitrate. If the respondent refuses to submit the feedispute to arbitration, the Bar shall notify the petitioner and the chair. Nofee arbitration proceeding shall be conducted unless the respondent agrees tobinding arbitration in writing. If all the parties refuse binding arbitration,the chair or his designee shall encourage the parties to elect mediation under
(e)Subpoena and discovery. The provisions of Utah Uniform Arbitration Actpertaining to the issuance of subpoenas in arbitration proceedings shall beapplicable to arbitration proceedings held pursuant to these rules. The chair,in his sole discretion, and upon the motion of petitioner or respondent, mayauthorize the use of discovery procedures as provided in the Utah UniformArbitration Act.
Effective November 1, 2018