Ready to Get Started?

1. As you decide whether to work with Mr. Bayer, he recommends that you read his blog and his recent CLE papers on arbitration.

2. Determine whether the arbitration clause in your contract requires an institutional administration of the arbitration process.

INSTITUTIONAL ADMINISTRATION

If the arbitration clause of your contract requires an institutional administration, you must initiate the process according to the rules of the agencies specified by the contract unless all parties agree to submit the case to Mr. Bayer for independent administration.

Please be particularly aware that the rules of most agencies specify the required number of arbitrators, one or three, and how they must be selected.

We have excellent relationships with all the arbitration agencies and are usually able to simplify, shorten, and reduce the costs of the process.

3. Submit a list of the parties and complete contact information for all the lawyers and legal assistants involved in administering the case to Carolina El'Azarso that Mr. Bayer can run a Conflicts Check. Mr. Bayer will disclose any potential conflicts within five business days of receiving this information.

4. Once you've decided you want to work with Mr. Bayer, Carolina El'Azar needs to receive your formal request, and JAMS will administer the arbitration.

Before Your Initial Conference

5. Mr. Bayer requires all the parties to schedule an Initial Arbitration Conference with him as soon after his appointment as possible. Carolina El'Azarwill call or email to schedule this Initial Arbitration Conference to take place either in-person or by telephone (if all parties agree).

Topics for this Initial Conference will include:

Design of the Arbitration Process
Scheduling Order
Confidentiality Order
Court Reporter and Written Record
Necessary Discovery
Rules of Procedure
Rules of Evidence
Dispositive Motions
Reasoned or General Award
Anything else you think should be brought to the arbitrator's attention about your particular dispute.

6. Prepare Yourself And Your Client for Your Initial Conference.

At your Initial Conference you will discuss the topics listed above. Mr. Bayer assumes you are well-informed about either the Texas Rules of Civil Procedure and Evidence or the Federal Rules of Civil Procedure and Evidence.

Before this conference convenes, Mr. Bayer recommends you also familiarize yourself with the rules of the AAA, the JAMS, and the ICC and the local rules of the US District Court, Western District, Austin Division, related to scheduling orders, confidentiality orders and pre-trial conferences.

During Your Arbitration Process

7. Obtain signed copies of your Scheduling Order, any Confidentiality Order, or any other necessary Pre-Trial Order as soon as possible after your Initial Conference.

You may receive any or all of these orders by mail or email. If any of these documents aren't signed, please call Carolina and ask her to mail or email you a signed document.

Mr. Bayer works with the lawyers to develop the orders to fit the case. Some of them are pretty barebones. Some orders are highly detailed. Some cases need a Confidentiality Order, some don't. Some need an Electronic Discovery Order, some don't.

Whatever your case requires, you need to have your own signed copies of all orders and verify the date of your Pre Arbitration Hearing Conference and your Arbitration Hearing.

8. Schedule and attend any follow up sessions you need after your Initial Conference and prior to the Pre-Arbitration Hearing Conference.

Mr. Bayer administers teleconferences or in-person hearings to resolve issues that come up during the Pre-Arbitration Hearing Process. You may schedule these kinds of teleconferences or in-person hearings with Carolina.

If you want a written record of these sessions, you will need to arrange for a court reporter.

9. Prepare for and attend the Pre Arbitration Hearing Conference on the date required by your Scheduling Order.

10. Prepare for and attend the Arbitration Hearing for the number of days specified by your Scheduling Order.

At the close of the evidence, Mr. Bayer will tell you any post hearing requirements.

After Your Arbitration

11. Complete any post hearing requirements.

12. Receive your written Arbitration Award from Mr. Bayer by mail and email.