Common use of Arbitration Panel Clause in Contracts

Arbitration Panel. Within thirty (30) days after this Agreement becomes effective, the Employer and the Union shall select a panel of arbitrators. The panel shall be assigned cases in rotation order designated by the parties. Each arbitrator/mediator shall serve for the duration of this Agreement unless the arbitrator/mediator’s services are terminated earlier by written notice from either party to the other. The arbitrator/mediator shall be notified of such termination by a joint letter from the parties. The arbitrator/mediator shall conclude his/her services by deciding any grievance(s) previously heard. A successor arbitrator/mediator shall be selected by the parties. The method of selection and all other questions regarding this section shall be jointly agreed to by the parties. If the parties are unable to mutually agree upon the selection of an arbitrator from the panel for a particular arbitration case, either party may request a labor arbitrator list through the Federal Mediation and Conciliation Service (FMCS); provided however, FMCS shall not be used for those cases that are required to go to non- traditional arbitration (NTA), discipline/discharge cases, working out of class cases under Article 38, and non- selection cases under Article 30, unless mutually agreed otherwise. When a labor arbitrator through FMCS is to be used, OCB shall contact FMCS for a list of seven (7) labor arbitrators who are members of the National Academy of Arbitrators (NAA) and who are residents of or have a business office within Ohio from which one shall be selected. The costs of obtaining the initial FMCS list shall be borne by the party requesting the use of a labor arbitrator through FMCS. The parties shall first attempt to mutually select an arbitrator from the FMCS list. Failing to mutually agree upon an arbitrator from this list, the parties shall strike names alternately, with the parties’ right to strike (i.e. the choice to strike first or second) to be determined by the flip of a coin. Prior to beginning the striking procedure, either party shall have the option to completely reject the list of names and request another list once per case, provided the request is made within ten (10) days of receiving the list. The party completely rejecting the list of names and requesting another list will pay any additional costs associated with the production of another list. Upon receiving a subsequent list, the parties will again first attempt to mutually select an arbitrator and, if failing to mutually agree upon an arbitrator from this list, then the parties shall strike names alternately. If a selected arbitrator refuses to accept an appointment after the parties have followed this procedure, the parties will first attempt to mutually select an arbitrator from any of the lists received from FMCS for the applicable case, and if a mutual selection cannot be made then another list shall be requested from FMCS, the cost will be shared equally by the parties, and the selection process shall continue as described herein. Within sixty (60) days of the effective date of this Agreement, the parties will mutually agree on a set of rules of arbitration. Insofar as is practical the rules will be based on the Voluntary Rules of the AAA.

Arbitration Panel. Within thirty (30) days after this Agreement becomes effective, the Employer and the Union shall select a panel of arbitrators. The panel shall be assigned cases in rotation order designated by the parties. Each arbitrator/mediator shall serve for the duration of this Agreement unless the arbitrator/mediator’s services are terminated earlier by written notice from either party to the other. The arbitrator/mediator shall be notified of such termination by a joint letter from the parties. The arbitrator/mediator shall conclude his/her services by deciding any grievance(s) previously heard. A successor arbitrator/mediator shall be selected by the parties. The method of selection and all other questions regarding this section shall be jointly agreed to by the parties. If the parties are unable to mutually agree upon the selection of an arbitrator from the panel for a particular arbitration case, either party may request a labor arbitrator list through the Federal Mediation and Conciliation Service (FMCS); provided however, FMCS shall not be used for those cases that are required to go to non- non-traditional arbitration (NTA), discipline/discharge cases, working out of class cases under Article 38, and non- non-selection cases under Article 30, unless mutually agreed otherwise. When a labor arbitrator through FMCS is to be used, OCB shall contact FMCS for a list of seven (7) labor arbitrators who are members of the National Academy of Arbitrators (NAA) and who are residents of or have a business office within Ohio from which one shall be selected. The costs of obtaining the initial FMCS list shall be borne by the party requesting the use of a labor arbitrator through FMCS. The parties shall first attempt to mutually select an arbitrator from the FMCS list. Failing to mutually agree upon an arbitrator from this list, the parties shall strike names alternately, with the parties’ right to strike (i.e. the choice to strike first or second) to be determined by the flip of a coin. Prior to beginning the striking procedure, either party shall have the option to completely reject the list of names and request another list once per case, provided the request is made within ten (10) days of receiving the list. The party completely rejecting the list of names and requesting another list will pay any additional costs associated with the production of another list. Upon receiving a subsequent list, the parties will again first attempt to mutually select an arbitrator and, if failing to mutually agree upon an arbitrator from this list, then the parties shall strike names alternately. If a selected arbitrator refuses to accept an appointment after the parties have followed this procedure, the parties will first attempt to mutually select an arbitrator from any of the lists received from FMCS for the applicable case, and if a mutual selection cannot be made then another list shall be requested from FMCS, the cost will be shared equally by the parties, and the selection process shall continue as described herein. Within sixty (60) days of the effective date of this Agreement, the parties will mutually agree on a set of rules of arbitration. Insofar as is practical the rules will be based on the Voluntary Rules of the AAA.

Arbitration Panel. Within thirty (30) days after this Agreement becomes effective, the Employer and the Union shall select a panel of arbitrators. The panel shall be assigned cases in rotation order designated by the parties. Each arbitrator/mediator shall serve for the duration of this Agreement unless the arbitrator/mediator’s services are terminated earlier by written notice from either party to the other. The arbitrator/mediator shall be notified of such termination by a joint letter from the parties. The arbitrator/mediator shall conclude his/her services by deciding any grievance(s) previously heard. A successor arbitrator/mediator shall be selected by the parties. The method of selection and all other questions regarding this section shall be jointly agreed to by the parties. If the parties are unable to mutually agree upon the selection of an arbitrator from the panel for a particular arbitration case, either party may request a labor arbitrator list through the Federal Mediation and Conciliation Service (FMCS); provided however, FMCS shall not be used for those cases that are required to go to non- non-traditional arbitration (NTA), discipline/discharge cases, working out of class cases under Article 38, and non- non-selection cases under Article 30, unless mutually agreed otherwise. When a labor arbitrator through FMCS is to be used, OCB the Office of Collective Bargaining shall contact FMCS for a list of seven (7) labor arbitrators who are members of the National Academy of Arbitrators (NAA) and who are residents of or have a business office within Ohio from which one shall be selected. The costs of obtaining the initial FMCS list shall be borne by the party requesting the use of a labor arbitrator through FMCS. The parties shall first attempt to mutually select an arbitrator from the FMCS list. Failing to mutually agree upon an arbitrator from this list, the parties shall strike names alternatelya lternately, with the parties’ right to strike (i.e. the choice to strike first or second) to be determined by the flip of a coin. Prior to beginning the striking procedure, either party shall have the option to completely reject the list of names and request another list once per case, provided the request is made within ten (10) days of receiving the list. The party completely rejecting the list of names and requesting another list will pay any additional costs associated with the production of another list. Upon receiving a subsequent list, the parties will again first attempt to mutually select an arbitrator and, if failing to mutually agree upon an arbitrator from this list, then the parties shall strike names alternately. If a selected arbitrator refuses to accept an appointment after the parties have followed this procedure, the parties will first attempt to mutually select an arbitrator from any of the lists received from FMCS for the applicable case, and if a mutual selection cannot be made then another list shall be requested from FMCS, the cost will be shared equally by the parties, and the selection process shall continue as described herein. Within sixty (60) days of the effective date of this Agreement, the parties will mutually agree on a set of rules of arbitration. Insofar as is practical the rules will be based on the Voluntary Rules of the AAA.

Arbitration Panel. Within thirty The Union and the Agency agree to maintain an arbitration panel consisting of four (304) days after mutually agreed upon arbitrators for the purpose of hearing all grievance arbitration cases brought under this Agreement becomes effectiveprovision. The four (4) agreed upon arbitrators are listed in Attachment 6 to this Agreement. Each arbitrator on the panel will be assigned a grievance arbitration on an alternating basis, beginning with the first arbitrator on the list. If an arbitrator on the panel is not able to hear a grievance arbitration case as prescribed in this Agreement, the Employer next arbitrator on the list of arbitrators will be assigned the case. If a grievance arbitration case is assigned to an arbitrator and the Union shall select a panel grievance is resolved in any manner prior to the date of arbitrators. The panel shall the hearing, that arbitrator will be assigned cases in rotation order designated by the parties. Each arbitratornext grievance arbitration case and will retain her/mediator shall serve for his place on the duration of this Agreement unless the arbitrator/mediator’s services are terminated earlier by written notice from either party to the other. The arbitrator/mediator shall be notified of such termination by a joint letter from the parties. The arbitrator/mediator shall conclude his/her services by deciding any grievance(s) previously heard. A successor arbitrator/mediator shall be selected by the parties. The method of selection and all other questions regarding this section shall be jointly agreed to by the partieslist. If a grievance is resolved in any manner the parties day of the hearing or after, the arbitrator will be considered used for that grievance. If all such arbitrators on the list are unable to mutually agree upon hear the selection of an arbitrator from the panel for a particular arbitration case, either party may the parties will request a labor arbitrator list through from the Federal Mediation and Conciliation Service (FMCS); provided however, FMCS shall not be used for those cases that are required to go to non- traditional arbitration (NTA), discipline/discharge cases, working out of class cases under Article 38, and non- selection cases under Article 30, unless mutually agreed otherwise. When a labor arbitrator through FMCS is to be used, OCB shall contact FMCS for a list of seven (7) labor arbitrators who are members of the National Academy of Arbitrators (NAA) and who are residents select the arbitrator by the process of or have a business office within Ohio from which one shall be selectedalternately striking names. The costs Union representative will have the privilege of obtaining the initial FMCS list shall be borne by the party requesting the use of a labor arbitrator through FMCSstriking first. The parties shall first attempt to mutually select an arbitrator arbitration panel will remain in effect for a period of at least six (6) months. Either party may remove a name from the FMCS list. Failing to mutually agree upon an arbitrator from this list, the parties shall strike names alternately, list with the parties’ right to strike (i.e. the choice to strike first or second) to be determined by the flip of a coin. Prior to beginning the striking procedure, either party shall have the option to completely reject the list of names and request another list once per case, provided the request is made within at least ten (10) calendar days written notice to the other party after the expiration of receiving such six (6) month period, provided no member may be removed until he/she has been given the listopportunity to hear a matter. When a vacancy occurs on the panel, whether as a result of the removal of a member or as a result of the death, disability or permanent disqualification of a member, the vacancy will be filled by an arbitrator mutually selected by the Agency and the Union. If no agreement is reached, the vacancy will be filled by requesting a panel of seven (7) names of members of the National Academy of Arbitrators from the Federal Mediation and Conciliation Service and alternately striking names in the same manner as set forth above. The party completely rejecting proceedings will be conducted in accordance with, but not under the list of names and requesting another list will pay any additional costs associated with the production of another list. Upon receiving a subsequent listauspices of, the parties American Arbitration Association rules and regulations.  Binding Decision. There shall be no appeal from any arbitrator's decision except as is expressly permitted by law. Each such decision will again first attempt to mutually select an arbitrator andbe final and binding on the Union, if failing to mutually agree upon an arbitrator from this list, then the parties shall strike names alternately. If a selected arbitrator refuses to accept an appointment after the parties have followed this procedureits members, the parties will first attempt to mutually select an arbitrator from any of the lists received from FMCS for the applicable case, and if a mutual selection cannot be made then another list shall be requested from FMCS, the cost will be shared equally by the partiesemployee or employees involved, and the selection process shall continue as described hereinAgency. Within sixty (60) days of The arbitrator will make a judgment based upon the effective date express terms of this Agreement, and will have no authority to add to, subtract from or modify any of the terms of this Agreement. The arbitrator will determine any disputes regarding timeliness. Unless the parties will mutually agree on a set of rules of arbitration. Insofar as is practical otherwise stipulate, the rules will be based on arbitrator has the Voluntary Rules option to elect to defer hearing the merits of the AAAcase until the issue of timeliness or other issues of the arbitration have been decided.

Arbitration Panel. Within thirty (30) days after this Agreement becomes effective, the Employer and the Union shall select a panel of arbitrators. The panel shall be assigned cases in rotation order designated by the parties. Each arbitrator/mediator shall serve for the duration of this Agreement unless the arbitrator/mediator’s services are terminated earlier by written notice from either party to the other. The arbitrator/mediator shall be notified of such termination by a joint letter from the parties. The arbitrator/mediator shall conclude his/her services by deciding any grievance(s) previously heard. A successor arbitrator/mediator shall be selected by the parties. The method of selection and all other questions regarding this section shall be jointly agreed to by the parties. If the parties are unable to mutually agree upon the selection of an arbitrator from the panel for a particular arbitration case, either party may request a labor arbitrator list through the Federal Mediation and Conciliation Service (FMCS); provided however, FMCS shall not be used for those cases that are required to go to non- non-traditional arbitration (NTA), discipline/discharge cases, working out of class cases under Article 38, and non- non-selection cases under Article 30, unless mutually agreed otherwise. When a labor arbitrator through FMCS is to be used, OCB shall contact FMCS for a list of seven (7) labor arbitrators who are members of the National Academy of Arbitrators (NAA) and who are residents of or have a business office within Ohio from which one shall be selected. The costs of obtaining the initial FMCS list shall be borne by the party requesting the use of a labor arbitrator through FMCS. The parties shall first attempt to mutually select an arbitrator from the FMCS list. Failing to mutually agree upon an arbitrator from this list, the parties shall strike names alternately, with the parties’ right to strike (i.e. the choice to strike first or second) to be determined by the flip of a coin. Prior to beginning the striking procedure, either party shall have the option to completely reject the list of names and request another list once per case, provided the request is made within ten (10) days of receiving the list. The party completely rejecting the list of names and requesting another list will pay any additional costs associated with the production of another list. Upon receiving a subsequent list, the parties will again first attempt to mutually select an arbitrator and, if failing to mutually agree upon an arbitrator from this list, then the parties shall strike names alternately. If a selected arbitrator refuses to accept an appointment after the parties have followed this procedure, the parties will first attempt to mutually select an arbitrator from any of the lists received from FMCS for the applicable case, and if a mutual selection cannot be made then another list shall be requested from FMCS, the cost will be shared equally by the parties, and the selection process shall continue as described herein. Within sixty (60) days of the effective date of this Agreement, the parties will mutually agree on a set of rules of arbitration. Insofar as is practical the rules will be based on the Voluntary Rules of the AAA.

Arbitration Panel. Within thirty (30) days after this Agreement becomes effective, the Employer and the Union shall select a panel of arbitrators. The panel shall be assigned cases in rotation order designated by the parties. Each arbitrator/mediator shall serve for the duration of this Agreement unless the arbitrator/mediator’s services are terminated earlier by written notice from either party to the other. The arbitrator/mediator shall be notified of such termination by a joint letter from the parties. The arbitrator/mediator shall conclude his/her services by deciding any grievance(s) previously heard. A successor arbitrator/mediator shall be selected by the parties. The method of selection and all other questions regarding this section shall be jointly agreed to by the parties. If the parties are unable to mutually agree upon the selection of an arbitrator from the panel for a particular arbitration case, either party may request a labor arbitrator list through the Federal Mediation and Conciliation Service (FMCS); provided however, FMCS shall not be used for those cases that are required to go to non- non-traditional arbitration (NTA), discipline/discharge cases, working out of class cases under Article 38, and non- non-selection cases under Article 30, unless mutually agreed otherwise. When a labor arbitrator through FMCS is to be used, OCB shall contact FMCS for a list of seven (7) labor arbitrators who are members of the National Academy of Arbitrators (NAA) and who are residents of or have a business office within Ohio from which one shall be selected. The costs of obtaining the initial FMCS list shall be borne by the party requesting the use of a labor arbitrator through FMCS. The parties shall first attempt to mutually select an arbitrator from the FMCS list. Failing to mutually agree upon an arbitrator from this list, the parties shall strike names alternately, with the parties’ right to strike (i.e. the choice to strike first or second) to be determined by the flip of a coin. Prior to beginning the striking procedure, either party shall have the option to completely reject the list of names and request another list once per case, provided the request is made within ten (10) days of receiving the list. The party completely rejecting the list of names and requesting another list will pay any additional costs associated with the production of another list. Upon receiving a subsequent list, the parties will again first attempt to mutually select an arbitrator and, if failing to mutually agree upon an arbitrator from this list, then the parties shall strike names alternately. If a selected arbitrator refuses to accept an appointment after the parties have followed this procedure, the parties will first attempt to mutually select an arbitrator from any of the lists received from FMCS for the applicable case, and if a mutual selection cannot be made then another list shall be requested from FMCS, the cost will be shared equally by the parties, and the selection process shall continue as described herein. Within sixty (60) days of the effective date of this Agreement, the parties will mutually agree on a set of rules of arbitration. Insofar as is practical the rules will be based on the Voluntary Rules of the AAA. In the event the parties are unable to mutually agree to a location for the hearing, the selected Arbitrator shall have the authority to determine the location for the hearing.

Arbitration Panel. Within thirty (30) days after this Agreement becomes effective, the Employer and the Union shall select There will be a panel of five (5) arbitrators, whose ap­ pointment must be accepted in writing by the NFLPA and the Management Council. The parties shall designate the Chairperson of the panel. In the event of a vacancy in the position of the Chairperson of the panel, the senior Xxxxxx Xxxxxxxxx Arbitrator wil succeed to the position of Chairperson of the panel, and the resultant vacancy on the panel shall will be assigned cases in rotation order designated by filled according to the parties. Each arbitrator/mediator shall serve for the duration procedures of this Section. Either party to this Agreement unless may discharge a member of the arbitrator/mediator’s services are terminated earlier arbitration panel by serving written notice upon the arbitrator and the other party to this Agreement from July 10 through July 20 of each year, but at no time shall such discharges result in no arbitrators remaining on the panel. If either party discharges an arbitrator, the other party shall have two (2) busi­ ness days to discharge any other arbitrator. If an arbitrator has been discharged he or she shall retain jurisdiction for any case in which the otherhearing has commenced. The arbitrator/mediator shall Any vacancies occurring on the arbitration panel will be notified of such termination by a joint letter from the parties. The arbitrator/mediator shall conclude his/her services by deciding any grievance(s) previously heard. A successor arbitrator/mediator shall be selected by the parties. The method of selection and all other questions regarding this section shall be jointly agreed to by the parties. filled as follows: If the parties are unable to mutually agree upon the selection of an to a new arbitrator from the panel for a particular arbitration case, either party may request a labor arbitrator list through the Federal Mediation and Conciliation Service within thirty (FMCS); provided however, FMCS shall not be used for those cases that are required to go to non- traditional arbitration (NTA), discipline/discharge cases, working out of class cases under Article 38, and non- selection cases under Article 30, unless mutually agreed otherwise. When a labor arbitrator through FMCS is to be used, OCB shall contact FMCS for a list of seven (7) labor arbitrators who are members of the National Academy of Arbitrators (NAA) and who are residents of or have a business office within Ohio from which one shall be selected. The costs of obtaining the initial FMCS list shall be borne by the party requesting the use of a labor arbitrator through FMCS. The parties shall first attempt to mutually select an arbitrator from the FMCS list. Failing to mutually agree upon an arbitrator from this list, the parties shall strike names alternately, with the parties’ right to strike (i.e. the choice to strike first or second) to be determined by the flip of a coin. Prior to beginning the striking procedure, either party shall have the option to completely reject the list of names and request another list once per case, provided the request is made within ten (10) days of receiving the list. The party completely rejecting the list of names and requesting another list will pay any additional costs associated with the production of another list. Upon receiving a subsequent list, the parties will again first attempt to mutually select an arbitrator and, if failing to mutually agree upon an arbitrator from this list, then the parties shall strike names alternately. If a selected arbitrator refuses to accept an appointment after the parties have followed this procedure, the parties will first attempt to mutually select an arbitrator from any of the lists received from FMCS for the applicable case, and if a mutual selection cannot be made then another list shall be requested from FMCS, the cost will be shared equally by the parties, and the selection process shall continue as described herein. Within sixty (60) days of the effective date occurrence of the vacancy, the Chairperson of the panel shall submit a list of ten (1 0) qualified and experienced arbitra­ tors to the NFLPA and the Management Council. Within fourteen (1 4) days of the receipt of the list, the NFLPA and the Management Council shall select one arbitrator from the list by alternately striking names until only one remains, with a coin flip deter­ mining the first strike. The next vacancy occurring will be filed in similar fashion, with the party who initially struck first then striking second. The parties wil alternate striking first for future vacancies occurring thereafter during the term of this Agreement. If ei­ ther party fails to cooperate in the striking process, the parties will mutually agree on a set other party may select one of rules of arbitration. Insofar as is practical the rules will be based nominees on the Voluntary Rules of list and the AAAother party wil be bound by such selection.

Arbitration Panel. Within thirty The Union and the Agency agree to maintain an arbitration panel consisting of four (304) days after mutually agreed upon arbitrators for the purpose of hearing all grievance arbitration cases brought under this Agreement becomes effectiveprovision. The four (4) agreed upon arbitrators are listed in Attachment 6 to this Agreement. Each arbitrator on the panel will be assigned a grievance arbitration on an alternating basis, beginning with the first arbitrator on the list. If an arbitrator on the panel is not able to hear a grievance arbitration case as prescribed in this Agreement, the Employer next arbitrator on the list of arbitrators will be assigned the case. If a grievance arbitration case is assigned to an arbitrator and the Union shall select a panel grievance is resolved in any manner prior to the date of arbitrators. The panel shall the hearing, that arbitrator will be assigned cases in rotation order designated by the parties. Each arbitratornext grievance arbitration case and will retain her/mediator shall serve for his place on the duration of this Agreement unless the arbitrator/mediator’s services are terminated earlier by written notice from either party to the other. The arbitrator/mediator shall be notified of such termination by a joint letter from the parties. The arbitrator/mediator shall conclude his/her services by deciding any grievance(s) previously heard. A successor arbitrator/mediator shall be selected by the parties. The method of selection and all other questions regarding this section shall be jointly agreed to by the partieslist. If a grievance is resolved in any manner the parties day of the hearing or after, the arbitrator will be considered used for that grievance. If all such arbitrators on the list are unable to mutually agree upon hear the selection of an arbitrator from the panel for a particular arbitration case, either party may the parties will request a labor arbitrator list through from the Federal Mediation and Conciliation Service (FMCS); provided however, FMCS shall not be used for those cases that are required to go to non- traditional arbitration (NTA), discipline/discharge cases, working out of class cases under Article 38, and non- selection cases under Article 30, unless mutually agreed otherwise. When a labor arbitrator through FMCS is to be used, OCB shall contact FMCS for a list of seven (7) labor arbitrators who are members of the National Academy of Arbitrators (NAA) and who are residents select the arbitrator by the process of or have a business office within Ohio from which one shall be selectedalternately striking names. The costs Union representative will have the privilege of obtaining the initial FMCS list shall be borne by the party requesting the use of a labor arbitrator through FMCSstriking first. The parties shall first attempt to mutually select an arbitrator arbitration panel will remain in effect for a period of at least six (6) months. Either party may remove a name from the FMCS list. Failing to mutually agree upon an arbitrator from this list, the parties shall strike names alternately, list with the parties’ right to strike (i.e. the choice to strike first or second) to be determined by the flip of a coin. Prior to beginning the striking procedure, either party shall have the option to completely reject the list of names and request another list once per case, provided the request is made within at least ten (10) calendar days written notice to the other party after the expiration of receiving such six (6) month period, provided no member may be removed until he/she has been given the listopportunity to hear a matter. When a vacancy occurs on the panel, whether as a result of the removal of a member or as a result of the death, disability or permanent disqualification of a member, the vacancy will be filled by an arbitrator mutually selected by the Agency and the Union. If no agreement is reached, the vacancy will be filled by requesting a panel of seven (7) names of members of the National Academy of Arbitrators from the Federal Mediation and Conciliation Service and alternately striking names in the same manner as set forth above. The party completely rejecting proceedings will be conducted in accordance with, but not under the list of names and requesting another list will pay any additional costs associated with the production of another list. Upon receiving a subsequent listauspices of, the parties American Arbitration Association rules and regulations. • Binding Decision. There shall be no appeal from any arbitrator's decision except as is expressly permitted by law. Each such decision will again first attempt to mutually select an arbitrator andbe final and binding on the Union, if failing to mutually agree upon an arbitrator from this list, then the parties shall strike names alternately. If a selected arbitrator refuses to accept an appointment after the parties have followed this procedureits members, the parties will first attempt to mutually select an arbitrator from any of the lists received from FMCS for the applicable case, and if a mutual selection cannot be made then another list shall be requested from FMCS, the cost will be shared equally by the partiesemployee or employees involved, and the selection process shall continue as described hereinAgency. Within sixty (60) days of The arbitrator will make a judgment based upon the effective date express terms of this Agreement, and will have no authority to add to, subtract from or modify any of the terms of this Agreement. The arbitrator will determine any disputes regarding timeliness. Unless the parties will mutually agree on a set of rules of arbitration. Insofar as is practical otherwise stipulate, the rules will be based on arbitrator has the Voluntary Rules option to elect to defer hearing the merits of the AAAcase until the issue of timeliness or other issues of the arbitration have been decided.