Originally from:

Journal of American Arbitration (JAA) - Vol. 3, No. 2

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ARTICLES

The Fifth Circuit Reaffirms Ability of Parties
to Expand the Scope of Judicial Review in
Arbitration Agreements in Prescott v.
Northlake Christian School
By Seth Mosebey
 

I. OVERVIEW
When Northlake Christian School (NCS) hired Pamela Prescott as
its new principal for the 1999-2000 school year, the parties agreed in a
written contract to submit any disputes to “biblically-based mediation,”
pursuant to “‘the biblical injunctions of 1 Corinthians 6:1-8, Matthew
5:23, 24, and Matthew 18:15-20.’”1 The agreement also stipulated that,
if the mediation ended unsuccessfully, the parties agreed to enter into
binding arbitration.2 The parties agreed to have the arbitration governed
by the “Rules of Procedure for Christian Conciliation of the Institute for
Christian Conciliation” (the Institute), which included conducting the
arbitration proceeding under the Montana Uniform Arbitration Act
(MUAA).3 In contrast to the standard provisions of the agreement, the
parties, in handwriting over the standard contract, agreed to allow written
and oral communications during the arbitration and to maintain their
right to appeal.