Stipulation to Arbitrate

In re the Matter of:

Plaintiff,

vs.

Defendant(s).

CASE NO:

STIPULATION FOR BINDING ARBITRATION

IT IS HEREBY STIPULATED by and between the undersigned parties, and their respective attorneys of record, that the above-captioned matter is hereby submitted for binding-arbitration before ______________________, (Judge Retired) (Attorney at Law), hereinafter referred to as the "Arbitrator".

Except as may be agreed between the parties, or their attorneys, or as otherwise provided by law, the Arbitrator, in his/her sole discretion, shall control the proceedings and regulate the order of proof.

The award shall be in writing and signed by the Arbitrator. It shall include a determination of all questions submitted to the Arbitrator the decision of which is necessary in order to determine the controversy. Any party to the arbitration shall be entitled to have the award of the Arbitrator entered as a judgment in any court of competent jurisdiction in accordance with California Code of Civil Procedure § 1285 et seq.

Each party hereto, and the attorney of record for each respective party, hereby waives any right which each may have to trial by judge, trial by jury, trial de novo, new trial, or appeal.

In the event the Arbitrator initially chosen is unable to commence or complete the proceedings, then a replacement arbitrator shall be chosen from the panel offered by Action Dispute Resolution Services. If the parties cannot agree upon a replacement arbitrator, Action Dispute Resolution Services is hereby empowered to choose the replacement arbitrator.