How do I initiate an Arbitration case with TAG?

To initiate an arbitration case, the claimant or the claimant’s representative should send TAG and the respondent(s)—who will be the defendant(s)—a copy of the “Original Complaint in Arbitration” which is similar to a Plaintiff’s Original Petition. To ensure TAG has the claimant’s contact information, please submit a cover sheet (link here). Please provide TAG with a copy of the ERISA plan or other controlling arbitration agreement if possible. TAG will bill the responsible party for the administrative and evergreen retainer fees.

If a lawsuit was filed and the trial court compels the case to arbitration:

The respondent should forward the appropriate court documents to TAG. These include:

  • Plaintiff’s Original Petition
  • Defendant’s Original Answer
  • Order of Referral to Arbitration together with a Cover Sheet 
  • The controlling Arbitration Agreement

How will pleadings or other documents/correspondence be submitted to TAG?

All pleadings, motions, and other correspondence should be submitted by email with copies to all counsel of record.

Email: info@texasarbitrationgroup.com

Address:       
Texas Arbitration Group
P.O. Box 6058
Tyler, Texas 75711                      

After the arbitration is initiated, what happens?

TAG will provide the parties a list of five prospective arbitrators. The Claimant and the Respondent will each have two strikes. The remaining name will serve as the arbitrator for the case.  If there is more than one name left on the prospective arbitrator list, TAG will deem that all unstruck arbitrators are eligible to serve as arbitrator for the case and shall choose one of the unstruck names on the list.

After selecting an arbitrator, parties will submit a list of possible witnesses and entities involved in the case so that the arbitrator may conduct a conflicts check.

As long as the arbitrator is not disqualified by the conflicts check, the arbitrator will set up a scheduling conference via conference call.

What happens if the arbitrator has a conflict or is otherwise disqualified?

If the arbitrator has a conflict or is otherwise disqualified, the parties may agree to waive the conflict, decide on another arbitrator from the list, or restart the selection process.

May the parties agree upon an arbitrator?

Parties are free to waive the selection process and agree to the selection of one of the TAG arbitrators.

What about motions or other pleadings?

The arbitrator can hear motions and pleadings via Zoom call or conference call. In some cases, hearings may be most appropriately conducted in-person.

What happens if the parties settle the case?

If the parties have settled, please send confirmation of the settlement in writing to TAG. TAG will bill the responsible party for any time the arbitrator spent on the case. If parties reach a settlement within thirty days of the arbitration hearing, a cancellation fee of one-half the rate of the anticipated fees will be assessed. If the parties reach a settlement within 14 days of the arbitration hearing, the cancellation fee will be the full amount of the anticipated fees.

What if the claimant voluntarily dismisses or non-suits their case and later reinstates the case?

The originally selected arbitrator will arbitrate the case if available. If the arbitrator is not available, the selection process will restart. No additional administrative fee will be charged to the responsible party.

Does TAG offer mediation services?

Yes. TAG employs several certified, experienced, and recognized mediators. We will assist, if requested, in scheduling a mediation. All TAG mediators are billed at $1,500.00 per party for a one-half day mediation and at $2,000.00 per party for a full day mediation.

Mediation Cover Sheet (link here).