FAQs

How do I initiate an Arbitration with JWA

If you represent (or are) the Claimant, send us a copy of your “Original Complaint in Arbitration” (similar to a Plaintiff’s Original Petition) and send a copy to Respondent (Defendant). Also, please include a Cover Sheet (File a Case) so that we have all contact information. If you have a copy of the Erisa Plan or other controlling Arbitration Agreement, please provide a copy of the agreement to JWA. JWA will bill the responsible party for the Administrative and Evergreen Retainer Fees.

If you are the Respondent, please forward to JWA the appropriate Court documents, including Plaintiff’s Original Petition, Defendant’s Original Answer and Order of Referral to Arbitration together with a Cover Sheet and the controlling Arbitration Agreement or Erisa Plan. JWA will bill the responsible party.

How may pleadings or other documents / correspondence be submitted to JWA?

All Pleadings, Motions and correspondence may be submitted by email, fax or regular mail.

Email: [email protected] or your case administrator

Fax: (830) 257-9852

Address:
200 Earl Garrett, Suite 210
Kerrville, Texas 78028

What is the cost of Arbitration?

JWA charges a one-time, non-refundable Administrative Fee of $1,500.00, and a refundable Evergreen Retainer Fee of $3,500.00, regardless of the amount in controversy or the number of parties involved. All of our Arbitrators are billed at $450.00 per hour for study and hearing time, and at one-half this rate for travel time, if required, together with reasonable expenses. Review our complete fee schedule.

After the Arbitration is initiated, what happens?

The initial phase will be the selection of the Arbitrator. Each party will receive a list of five (5) Panelists. Each party will then strike two Panelists. The Panelist remaining will be the Arbitrator.

Following the selection of the Arbitrator, the parties will be asked to submit a list of all potential witnesses and any other entities that may be involved in the Arbitration in order that the Arbitrator may conduct a meaningful conflicts check.

Assuming that the conflicts check does not disqualify the Arbitrator, a Scheduling Conference will be set up by conference call. 

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

The selection process will begin again unless the parties agree to waive the conflict or agree upon another Arbitrator from our list of Panelists.

May the parties agree upon an Arbitrator?

Of course. The parties are welcome to waive the selection process and agree upon one of the JWA Panelists.

What about Motions?

Almost every Motion can be heard by conference call. However, in certain instances, an in-person hearing is more appropriate. Motions should be filed with JWA and we will attend to scheduling the hearing.

What happens if we settle the case?

Great! All our Panelists are in favor of settlements. Please send us written confirmation of the settlement. If the Arbitrator has spent any time the case, then JWA will bill the responsible party for the Arbitrator’s study and hearing time. However, if a settlement is reached within thirty (30) days of the Arbitration hearing, a fee equal to one-half the anticipated fees will be considered a cancellation fee. If a settlement is reached within fourteen (14) days of the Arbitration hearing, the full anticipated fees will be considered a cancellation fee.

What happens if Claimant voluntarily dismisses or non-suits their case and later reinstates or reasserts it?

The arbitration will be reinstated with the same Arbitrator if the Arbitrator is available. Otherwise, the selection process will begin again. There will be no additional administrative fee due. If the Claimant dismisses their case within fourteen (14) days of the scheduled date of the arbitration, the Claimant will owe the cancellation fee as previously stated.

Do you offer Mediation services?

Yes, all of our Panelists are experienced, qualified Mediators. We will assist, if requested, in scheduling a Mediation. All of our Mediators are billed at $750.00 per party for a half-day mediation and $1500.00 per party for a full day mediation.