(1) (a) Unless otherwise agreed to in writing by the parties, a claim submitted to arbitration shall be resolved by a single arbitrator. (b) Unless otherwise agreed to by the parties or ordered by the court, all parties shall agree on a single arbitrator within 90 days of the answer of the defendant. (c) If the parties are unable to agree on a single arbitrator as required by Subsection (1)(b), a panel of three arbitrators shall be selected in accordance with Subsection (1)(d). (d) If a panel of three arbitrators is selected: (i) each side shall select one arbitrator; and (ii) the arbitrators appointed under Subsection (1)(d)(i) shall jointly select one additional arbitrator to be included on the panel. (2) Unless otherwise agreed to in writing: (a) each party shall pay an equal share of the fees and costs of the arbitrator selected under Subsection (1)(a); and (b) if an arbitration panel is selected under Subsection (1)(d), each party shall pay: (i) the fees and costs of the arbitrator selected by that party's side; and (ii) an equal share of the fees and costs of the arbitrator selected under Subsection (1)(d)(ii).
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