40-16-106. Notice of arbitration. (1) If the parties have entered into an arbitration agreement, a party may initiate arbitration by giving notice to arbitrate to the other party in the manner specified in the arbitration agreement.

(2) If the parties have not entered into an arbitration agreement, a party may send a written request to the other party requesting that the parties agree to arbitrate and enter into an arbitration agreement that complies with 40-16-105.