269 GLORIOUS CONSTRUCTION INC. I" Glorious Construction Inc. (“GCI”) is a company, located in Las Vegas, that specializes in building homes in Las Vegas. GCI entered into a contract, with Greta’s Gardening (“GG”), whereby GG agreed to install a lawn in front of each of ten homes constructed by GCI. GG was to be paid a fee of $ 7,500 for this work. Although five of the lawns turned out well, five of them died within two weeks of planting, apparently due to lack of watering. GCI blames GG, and GG blames the weather and GCI (for not watering). GCI has withheld GG’s entire fee, until this dispute is resolved. The contract contained an arbitration clause, It states, in its entirety: “AI disputes arising out of or relating to this contract shall be resolved through binding arbitration by an arbitrator appointed by the Dean of the UNLV Boyd School of Law. The arbitrator's fee shall be shared equally by the disputants.” GG filed a notice with the Dean requesting arbitration. The Dean has just appointed you, a recent law graduate, to be the arbitrator. The parties have each now left a telephone message with you, asking how this matter will proceed. How will you respond? What style of arbitration will you adopt? * This case was written by Jean R. Sternlight, Professor of Law, University of Nevada Las Vegas. A limited license is granted to instructors to reproduce and use this simulation only in classes adopting Dispute Resolution: Beyond the Adversarial Mode (2d ed. 2011). Reproduction or use for any other purpose is strictly prohibited without the written permission of the copyright holder. All rights reserved.