Arbitration and Refereeship Agreement
The parties will draft and enter into their own agreement setting out the terms of the arbitration/refereeship. They should include the following – although not necessarily the same verbiage.
The undersigned attorneys, on behalf of themselves and their clients agree to engage Robert Harley (the “Referee/Arbitrator”) to act as a referee to assist them in attempting to reach a resolution in the case of
They acknowledge that the Referee/Arbitrator is being similarly engaged by all attorneys and parties in this case, adverse or otherwise.
They acknowledge that the Referee/Arbitrator owes neither a duty nor a responsibility to them, nor to any attorney or party in this matter other than to resolve any issues submitted to him for resolution by them. They understand that the Referee/Arbitrator neither represents them, their client(s) nor any other attorney or party but will serve as an impartial referee. They agree that under no circumstances will they accept any statement or action by the Referee/Arbitrator as the rendering of legal information, advice or services to them, or to any other person. They acknowledge that the Referee’s/Arbitrator’s participation as a Referee/Arbitrator does not in any way constitute the practice of law by the Referee/Arbitrator.
They acknowledge that they have read the annexed fee schedule and acknowledge their responsibility to pay whatever fees are incurred pursuant to that schedule. They understand that if the fees due in advance are not paid that the matter will not go forward and that any expenses that may have been incurred in scheduling the matter will be their responsibility to pay.
Robert Harley is the principal Mediator/Arbitrator for Harley Mediation. Bob was a trial lawyer and litigator for thirty-five years and has an international reputation. He has represented both plaintiffs and defendants in cases both in the United States and abroad. For nearly a decade he has used that experience exclusively in assisting in the negotiated resolution of the most complex and intricate disputes, as well as more simple ones, both personal injury and commercial.
The Boston Globe said of Bob Harley that he is "a superb lawyer with excellent trial skills...praised by colleagues for efficiency and thoroughness" The Globe also described him as a "master communicator able to convey complex medical and legal information in a clear, understandable way."
Bob is a contributing author and co-author of four legal textbooks. Additionally, he has published numerous articles in professional journals. He lectures and teaches for continuing legal education programs sponsored by bar associations and legal journals in the United States and abroad. He has most recently been asked to lecture at CLE programs in Mediation sponsored by Hofstra Law School and the New York City Bar Association. He has been an expert commentator for ABC, CNBC, CourtTV and NewsTalk TV. He was also part of a malpractice case mediation initiative sponsored by the New York State Trial Lawyers Association.
With Bob Harley, Harley Mediation offers lawyers and their clients the rare opportunity to have their dispute resolved by someone who has had over 45 years of hands-on intimate experience with every aspect of litigation.