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Include the following notice if a minor is named in the caption or if the order contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Order on [Petition/Motion] to Compel Arbitration
On [date] the Court heard the [Petition/Motion] to Compel Arbitration filed by [name], [Petitioner/Movant].
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Include appropriate recitations concerning appearances See form 21-15. |
Having examined the pleadings, evidence, and argument of counsel, the Court is of the opinion that the [Petition/Motion] to Compel Arbitration should be [GRANTED/DENIED].
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Include one of the following if applicable. |
The Court finds that the contract containing the agreement to arbitrate is valid and enforceable.
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Or |
The Court finds that the contract containing the agreement to arbitrate is not valid or enforceable.
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If the petition or motion is granted, continue with the following. |
IT IS ORDERED that the pending dispute between [Petitioner/Movant] and Respondent be arbitrated and that arbitration procedures be followed according to the terms and provisions of the parties’ [Premarital Agreement/Postnuptial Agreement/Agreement Incident to Divorce/Agreed Decree of Divorce] executed on [date].
IT IS ORDERED that [name and address of arbitrator] is appointed an impartial arbitrator who is qualified to facilitate a family law alternative dispute resolution procedure under section 154.052 of the Texas Civil Practice and Remedies Code.
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Select one of the following. |
IT IS ORDERED that the compensation of the arbitrator and costs of arbitration shall be borne in the following manner: [specify allocation and time of payment to arbitrator].
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Or |
IT IS ORDERED that the compensation of the arbitrator and costs of arbitration shall be divided and borne equally by the parties, shall be paid in advance by the parties directly to the arbitrator, and shall be taxed as costs.
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If the court awards attorney’s fees to the petitioner or movant, include the following paragraph. |
The Court finds that Respondent failed to arbitrate this dispute according to the terms and provisions of the parties’ [Premarital Agreement/Postnuptial Agreement/Agreement Incident to Divorce/Agreed Decree of Divorce], requiring [Petitioner/Movant] to file a [Petition/Motion] to Compel Arbitration and have a hearing on the [petition/motion]. Respondent’s failure to cooperate and agree to arbitration caused [Petitioner/Movant] to incur reasonable and necessary attorney’s fees in the amount of $[amount] in connection with the filing of the [Petition/Motion] to Compel Arbitration and obtaining the order granting the [petition/motion]. IT IS THEREFORE ORDERED that [Petitioner/Movant], [name], is awarded a judgment of [number] dollars ($[amount]) against Respondent, [name], as attorney’s fees and expenses, with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid, for which let execution issue.
IT IS ORDERED that each party and counsel will be bound by the rules established by the arbitrator, unless otherwise agreed by the parties. IT IS ORDERED that all parties and their attorneys shall cooperate with the arbitrator and shall attend all appointments, interviews, hearings, and meetings. IT IS ORDERED that the initial appointment with the arbitrator shall take place on or before [date].
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If the petition or motion is denied and the court awards attorney’s fees to the respondent, include an appropriate order. |
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Include the following in all orders. |
SIGNED on ________________________________.
JUDGE PRESIDING