Form 18-31

This form is to be used to enforce a prior agreement to arbitrate. If the case is already pending, the pleading would be a motion and the filing party a movant. If there is not a pending action, the pleading would be a petition and the filing party a petitioner. For a response based on Tex. Fam. Code § 6.6015 or § 153.00715, see form 18-32.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

[Petition/Motion] to Compel Arbitration

[Name of petitioner or movant], [Petitioner/Movant], requests the Court to compel arbi­tration by enforcing the prior agreement of the parties to arbitrate disputes. In support, [Petitioner/Movant] shows:

1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]

Preservation of Evidence: Respondent is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Respondent’s possession or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work computer, storage media, portable systems, electronic devices, online reposi­tories, or cell phone.

2.[The last three numbers of [name of petitioner]’s driver’s license number are [numbers]./[Name of petitioner] has not been issued a driver’s license.] [The last three num­bers of [name of petitioner]’s Social Security number are [numbers]./[Name of petitioner] has not been issued a Social Security number.]

3.Movant is the [petitioner/respondent] in this case. [Name of respondent] is the [respondent/petitioner].

3.Respondent, [name of respondent], should be served with process [include if appli­cable: at [address, city, state, zip code]].

3.No service on [name of respondent], Respondent, is necessary at this time.

4.The parties previously agreed to arbitrate future disputes as set forth in language contained in the parties’ [Premarital Agreement/Postnuptial Agreement/Agreement Incident to Divorce/Agreed Decree of Divorce], attached to this [petition/motion] as Exhibit [exhibit number/letter], executed on [date]. This document requires arbitration of future disputes and states in part as follows: [quote applicable provisions].

A controversy under this document has arisen related to the following issues: [specify]. The controversy has not been resolved by the parties and therefore should be submitted to arbitration.

[Name of respondent] has refused to submit the disputed issues to arbitration in accor­dance with the terms of the document described above. Therefore, this Court should compel [name of respondent] to arbitrate. The document in which the parties agreed to arbitrate future disputes requires the arbitration to be [binding/nonbinding].

Arbitration is in keeping with the Texas policy to encourage the peaceable resolution of disputes and early settlement of pending litigation through voluntary settlement procedures, as stated in section 154.002 of the Texas Civil Practice and Remedies Code.

If this case proceeds to trial, substantial additional time and expense will be incurred. A full trial of the case is likely to be unnecessarily burdensome for all involved. A decision should be rendered in arbitration, thereby preserving substantial amounts of money that would otherwise be spent on attorney’s fees and costs of trial.

5.[Name of petitioner or movant] requests that the Court order the parties to partici­pate in the arbitration in good faith, that the Court order payment of attorney’s fees, and that the costs of arbitration be levied against any party who does not cooperate in the arbitration.

6.It was necessary to secure the services of [name], a licensed attorney, to preserve and protect the rights of [name of petitioner or movant] [include if applicable: and preserve the best interests of the child[ren]]. [Name of respondent] should be ordered to pay reasonable attorney’s fees, expenses, and costs through trial, and a judgment should be rendered in favor of this attorney and against [name of respondent]; or, in the alternative, [name of petitioner or movant] requests that reasonable attorney’s fees, expenses, and costs through trial be taxed as costs and be ordered paid directly to [name of petitioner or movant]’s attorney, who may enforce the order in the attorney’s own name. In addition, [name of petitioner or movant] requests that, if an appeal or application for writ of mandamus results from this motion, [name] be awarded further judgment against [name of respondent] for attorney’s fees incurred thereby, or alternatively that the additional fees be taxed as costs and ordered paid directly to the attorney.

7.[Name of petitioner or movant] prays that the Court order arbitration procedures according to the terms and provisions of the parties’ [Premarital Agreement/Postnuptial Agreement/Agreement Incident to Divorce/Agreed Decree of Divorce] executed on [date] and direct the parties to participate in the arbitration in good faith. [Name of petitioner or movant] prays that attorney’s fees and costs of arbitration be levied as requested above. [Include if applicable: Petitioner prays that citation and notice issue as required by law.] [Name of peti­tioner or movant] prays for general relief.

   
[Name]
Attorney for [name of petitioner or movant]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

Certificate of Conference

A telephone conference was attempted on [date] with [name], the attorney for the opposing party, on the merits of this motion. Agreement could not be reached; therefore, the motion is presented to the Court for a determination.

   
[Name]
Attorney for [name of movant]