435.012. Notice, contents of, effect of insufficient notice.

Notice, contents of, effect of insufficient notice.

435.012. 1. In order to insure that all parties to anarbitration proceeding are aware of their rights under theprovisions of sections 435.350 to 435.470, the notificationserved upon the parties by the arbitrator pursuant to subdivision(1) of section 435.370 shall contain a clear and concisestatement of the issue subject to arbitration, if such has beenagreed upon, and a statement advising the parties of their rightsunder sections 435.350 to 435.470 including, but not limited to:

(1) The right to be represented by an attorney;

(2) The right to seek subpoenas for the attendance ofwitnesses and subpoenas duces tecum;

(3) The right to be heard, to present evidence andcross-examine witnesses;

(4) The right to adjournment for good cause.

2. The notification shall include a brief statementdetailing the name, experience and educational background of eachneutral arbitrator.

3. Failure of the arbitrator, agent or sponsoringorganization to provide notification as required by subsections 1and 2 of this section shall be grounds for continuing thearbitration hearing for a period of at least ten days.

(L. 1986 H.B. 887 § 1)