Form 18-38

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Family Law Arbitration Agreement

This agreement is entered into by [name of party] and [name of party] and the arbitrator listed below.

1.Arbitrator

The parties have agreed to the appointment of [name] as arbitrator.

2.Law

The parties agree to be bound by this agreement, the Texas Alternative Dispute Resolu­tion Procedures Act (chapter 154 of the Texas Civil Practice and Remedies Code), the Texas General Arbitration Law (chapter 171 of the Texas Civil Practice and Remedies Code), sec­tions 6.601 and 153.0071(a) and (b) of the Texas Family Code, and the laws of the state of Texas.

3.Rules

The parties agree to be bound by the Family Law Arbitration Rules attached to this agreement.

4.Issue[s]

The following issue[s] will be submitted to final and binding arbitration in lieu of a trial to the Court: [list issue[s]].

5.Hearing

The hearing on [this/these] issue[s] will begin on [date] at [time] and continue daily through [date] at [time]. If necessary, the hearing will continue on [date]. The arbitration hear­ing will begin each day at [time] and continue until [time], with appropriate breaks to be taken at times determined by the arbitrator. The arbitration will be held at [location] in [city], Texas. The arbitrator is not required to give any further notice to the parties, because the parties have agreed to the hearing time, date, and place stated above.

6.Procedure

The format of the arbitration will be determined by the arbitrator, with the objective of expediting the hearing. The arbitrator may take any testimony from sworn witnesses that the arbitrator believes is necessary to elicit the facts required to render a decision.

The Texas Family Code, Texas Rules of Evidence, Texas Rules of Civil Procedure, and Texas Civil Practice and Remedies Code will be applied, except as modified as follows: [specify modifications].

7.Fees

The fees and costs of arbitration will be as set forth in the attached Arbitrator’s Fees and Disbursements Agreement.

The fees and costs of arbitration will be as follows:

The parties agree to pay the arbitrator [number] dollars ($[amount]) per hour, to pay the arbitrator’s assistant [number] dollars ($[amount]) per hour, and to pay all out-of-pocket expenses.

A retainer of [number] dollars ($[amount]) will be paid to the arbitrator to cover the estimated time and the arbitrator’s anticipated out-of-pocket expenses. If the case is settled or terminated for any reason, the arbitrator will be paid for the arbitrator’s time and expenses incurred. The balance of the retainer, if any, will be refunded to the parties in proportion to their contributions. If the case is settled or terminated for any reason before the arbitrator ren­ders a decision, the arbitrator will retain the greater sum of [number] dollars ($[amount]) per day or partial day, for time actually expended, or a minimum of [number] dollars ($[amount]), plus actual expenses incurred, from the retainer deposit and return the balance, if any, to the party or parties making the deposit in proportion to their contributions.

Unless otherwise agreed in writing, each party executing this agreement is jointly and severally liable for any unpaid arbitrator’s fees and expenses not covered by the retainer. Allo­cation of ultimate fees and expenses will be set out in the arbitration decision and award.

If the initial retainer is exhausted before conclusion of the arbitration or rendition of the decision and award, it is agreed that an additional retainer will be paid on notice by the arbitra­tor to the attorneys for the parties. The parties understand and agree that the arbitrator is to be paid for all services and expenses before the arbitrator incurs them. At the arbitrator’s sole election, the proceeding may be postponed until the additional retainer is deposited with the arbitrator.

If the deposit is not made within the time required in the notice from the arbitrator, the arbitrator will have the unqualified right to withdraw from the proceeding with absolute impu­nity. Either party may advance the original or additional retainers with the understanding that the arbitrator’s decision and award will allocate liability for the advanced fees and expenses with one or both parties.

8.Arbitration Award

On completion of the hearing and receipt of any briefs, the arbitrator will issue an arbi­tration award in writing and deliver a copy of the award to each party or the party’s attorney by hand delivery or certified mail within [number] weeks after the completion of the hearing and receipt of any briefs or as otherwise established by agreement of the parties and the arbi­trator. The parties agree that the arbitration will be final and binding on both parties. There are limited rights to change, modify, correct, or appeal an arbitration award, and those rights are governed by the rules and law applicable to the arbitration.

9.Record

The parties have agreed to waive a court reporter during the arbitration hearing.

The parties have agreed that a court reporter will make a record of the arbitration hear­ing and that the expense of the court reporter will be borne equally by the parties. The parties request that the court reporter make a transcript of the proceedings, and each person or per­sons requesting a transcript will pay for the transcript.

The parties have agreed that [name of party A], at [his/her] own expense, will hire a court reporter to record the arbitration hearing and make a formal transcript.

10.Tape Recording

The proceedings may be tape-recorded by the arbitrator, solely for the arbitrator’s review and reference. In no event will the tape be available to the parties for appeal or for any other purpose unless appropriate stipulations are entered into by and between the parties that are acceptable to the arbitrator with respect to preparation of a formal transcript of the pro­ceedings from the recording.

11.Communication

Copies of all correspondence to the arbitrator will be mailed to the opposing party or to counsel if one appears of record. All communications involving the arbitrator and counsel will be by conference or telephone conference, with both attorneys or parties present, except about minor details such as scheduling times, dates, and places.

12.Understandings and Agreements

The parties agree to be bound by the decision and award of the arbitrator unless the award is set aside under section 171.088 of the Texas Civil Practice and Remedies Code [include if applicable: or the Court finds the arbitrator’s decision and award not to be in the best interests of the children].

13.Arbitration Position Statement

Each party will prepare an Arbitration Position Statement containing facts, the issues to be resolved, [include if applicable: an inventory and appraisement of the marital estate,] and any memoranda of law that either desires to submit at least [number] days before the hearing. The statements will be exchanged with opposing counsel at the time they are submitted. If either party intends to call any witnesses other than the parties, the names of the witnesses will be furnished to the other side and to the arbitrator before [date].

14.Multiple Counterparts

If this agreement is signed in multiple counterparts, the aggregate will constitute the entire agreement. Telefaxed signatures are acceptable.

SO STIPULATED AND AGREED:

   
[Name]
Petitioner

Signed on       

   
[Name]
Respondent

Signed on       

APPROVED AS TO FORM:

   
[Name]
Attorney for Petitioner
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Signed on       

   
[Name]
Attorney for Respondent
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Signed on       

I ACCEPT THE ARBITRATION ASSIGNMENT SET FORTH IN THIS AGREE­MENT:

   
[Name]
Arbitrator
[E-mail address]
[Address]
[Telephone]
[Fax]

Signed on