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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
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Appealing a JAMS Arbitration Judgement

Chelsea Lankford • December 6, 2024

Appeals Through JAMS Arbitration: A Structured Approach to Review

Arbitration is widely celebrated for its efficiency, privacy, and ability to resolve disputes without the delays and expenses associated with traditional litigation. However, the finality of arbitration awards, while central to its appeal, can sometimes leave parties dissatisfied when errors of law or fact arise. Recognizing the need for a more structured avenue to address such issues, JAMS has developed an Optional Arbitration Appeal Procedure. This process offers parties the opportunity to seek appellate review of arbitration awards while maintaining the overall efficiency of arbitration. JAMS, formerly known as Judicial Arbitration and Mediation Services, Inc. is a United States–based for-profit organization of alternative dispute resolution (ADR) services, including mediation and arbitration.


The Role of JAMS in Arbitration Appeals

JAMS, formerly known as Judicial Arbitration and Mediation Services, Inc. is a United States–based for-profit organization of alternative dispute resolution (ADR) services for solving disputes outside of traditional court. JAMS is a leading provider of alternative dispute resolution (ADR) services, known for its commitment to innovation and responsiveness to the needs of disputing parties. Its Optional Arbitration Appeal Procedure addresses a key limitation of traditional arbitration—the lack of substantive appellate review. Through this mechanism, JAMS provides a way for parties to challenge arbitration awards on the grounds of errors in law or fact, offering an added layer of assurance in high-stakes or complex disputes.


Unlike judicial appeals of arbitration awards, which are narrowly focused on procedural irregularities such as fraud or arbitrator misconduct, the JAMS appellate process allows for a deeper examination of the merits of the award. This makes it a particularly attractive option for parties who value both the finality of arbitration and the ability to correct potential errors.


Agreement to Use the JAMS Appellate Process

The JAMS appellate procedure is not automatic. Parties must mutually agree to incorporate it into their arbitration framework. This agreement can be reached in two ways: it can be included as part of the original arbitration agreement or negotiated during the course of the arbitration proceedings. Once the parties agree to use the JAMS appellate process, it becomes binding, and the dispute proceeds according to the specific rules and timelines established by JAMS.


  • Initiating the Appeal

The appellate process begins shortly after the original arbitration award is issued. To preserve the efficiency of arbitration, JAMS imposes strict deadlines for initiating an appeal. A party seeking review must file a Notice of Appeal within 14 calendar days of the original award becoming final. If another party wishes to file a cross-appeal, it must do so within seven calendar days after the appeal is filed. These deadlines ensure that the appellate process does not unduly delay the resolution of the dispute.


The Notice of Appeal must clearly outline the basis for the challenge, specifying whether the alleged errors pertain to legal issues, factual findings, or both. This document sets the stage for the appellate review and frames the issues to be addressed by the appellate panel.


  • Composition of the Appellate Panel

The appellate review is conducted by a panel of JAMS neutrals, typically consisting of three members. These individuals are selected for their expertise in appellate procedures and the substantive legal issues involved in the dispute. JAMS provides a list of potential panel members to the parties, who then have seven calendar days to agree on the composition of the panel. If the parties cannot reach a consensus, JAMS appoints the panel members to prevent delays.


This careful selection process ensures that the appellate panel is composed of highly qualified professionals with the experience and impartiality necessary to conduct a fair and thorough review.


  • Scope and Standard of Review for a JAMS Appeal

The JAMS appellate process applies standards of review similar to those used in judicial appeals. Legal issues are typically reviewed de novo, meaning the appellate panel examines them independently without deference to the original arbitrator’s interpretation. Factual findings are reviewed for clear error, reflecting the original arbitrator’s unique position in assessing evidence and witness credibility.


The scope of the review is based on the record from the original arbitration hearing, including all evidence, documents, and transcripts submitted during those proceedings. In exceptional cases, the panel may consider additional evidence if it was improperly excluded in the original arbitration or is necessary to correct a significant error.


  • Briefing and Oral Arguments for a JAMS Appeal

Written briefs are central to the appellate process. Each party submits a detailed argument, outlining the alleged errors and supporting their positions with applicable law and facts from the record. JAMS typically limits opening briefs to 25 double-spaced pages to ensure clarity and conciseness.


Oral arguments are not automatically included in the process but may be conducted if all parties request them or if the appellate panel deems them necessary to resolve particularly complex issues. This flexibility allows the process to adapt to the specific needs of each case while maintaining its overall efficiency.


Timelines and Finality of a JAMS Appeal

One of the hallmarks of the JAMS appellate process is its efficiency. The appellate panel endeavors to issue a decision within 21 calendar days of receiving the final submissions from the parties. This expedited timeline stands in stark contrast to judicial appeals, which can take months or even years to resolve.


Once the appellate panel issues its decision, it becomes the final arbitration award. At this point, the award is enforceable and subject to judicial review only under the limited grounds provided by applicable arbitration laws, such as the Federal Arbitration Act (FAA).


Balancing Efficiency and Fairness


The JAMS Optional Arbitration Appeal Procedure strikes a careful balance between the need for finality and the pursuit of fairness. By providing an appellate mechanism, JAMS addresses a key criticism of arbitration—the perceived inability to correct substantive errors—while preserving the speed and cost-effectiveness that make arbitration attractive. This process is particularly valuable in high-stakes disputes where the accuracy of the award is critical to the parties’ interests.


Challenges and Considerations to a JAMS Appeal


While the JAMS appellate process offers significant benefits, it is not without challenges. Adding an appellate layer can increase costs and extend the time required to reach a final resolution. For parties seeking a swift conclusion, this trade-off may not be ideal. Additionally, the process relies on the willingness of parties to cooperate and abide by the appellate panel’s decision, even if it conflicts with their expectations. Another consideration is the drafting of arbitration agreements. To avoid disputes over whether the JAMS appellate process applies, parties should include clear and specific language in their agreements. This ensures that the appellate mechanism is understood and agreed upon from the outset.


Final Thoughts on a JAMS Appeal


The JAMS Optional Arbitration Appeal Procedure represents an important innovation in alternative dispute resolution, offering parties a structured and efficient way to seek appellate review of arbitration awards. By addressing concerns about potential errors while preserving arbitration’s key advantages, this process provides a valuable tool for ensuring fairness and accuracy in dispute resolution. For parties involved in complex or high-stakes disputes, the JAMS appellate mechanism offers peace of mind, balancing finality with the opportunity for meaningful review.


Limited Grounds for Appeal Under the Federal Arbitration Act

The Federal Arbitration Act strictly limits judicial review of arbitration awards to promote finality and efficiency in arbitration. Under Section 10 of the FAA, a court may vacate an arbitration award only on these limited grounds:


  • Fraud, Corruption, or Undue Means


If the award was procured through corruption, fraud, or undue means, it may be set aside. Evidence of such misconduct must be clear and material.


  • Evident Partiality or Corruption in the Arbitrators


If an arbitrator is demonstrably biased or has undisclosed conflicts of interest that influenced the award, the award may be vacated.


  • Misconduct or Misbehavior by Arbitrators


If arbitrators engage in misconduct, such as refusing to hear pertinent evidence or acting in a way that prejudices one party's rights, the award could be invalidated.


  • Exceeding Powers or Acting Outside Scope of Authority


If arbitrators exceed their authority, such as deciding issues not submitted to them or granting relief outside the terms of the arbitration agreement, the award may be vacated.


Challenges Based on Errors of Law or Fact in Federal Arbitration Act


Courts do not review errors of law or fact made by arbitrators. Even if the arbitrators' decision seems incorrect, courts generally defer to the arbitrators' interpretation unless it violates one of the above grounds.


Modified Awards (Section 11 of the Federal Arbitration Act )


Under Section 11 of the FAA, a court may modify or correct an arbitration award if:

  • There is an evident material miscalculation or mistake in the award.
  • The award addresses a matter not submitted for arbitration.
  • The form of the award is imperfect in a way that does not affect the merits.


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Female Divorce Attorneys in the Dallas-Fort Worth Area

By Leigh Whitaker • January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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Wrangling Writs of Execution in Texas

By John Wilson • January 23, 2025
Understanding Writs of Execution in Texas: A Layperson’s Guide If a court determines that someone owes money to another party, the debtor—referred to as the "judgment debtor"—typically has 30 days to pay off the debt. If the debt remains unpaid after this time, the creditor, or "judgment creditor," can take legal action to enforce the payment through a Writ of Execution . This legal process, governed by Texas law, enables creditors to collect what they are owed by seizing and selling the debtor’s non-exempt assets. What Is a Writ of Execution? Under Texas Rules of Civil Procedure 629 , a Writ of Execution is a court order that authorizes a sheriff or constable to seize the debtor’s property to satisfy the debt. This writ is an essential tool for creditors when voluntary repayment has not occurred. Once the writ is issued, it is handed over to a county constable or sheriff, who is required to act “without delay” in collecting the debtor’s real and personal property. The seized property is then sold, and the proceeds are used to pay off the debt. If multiple writs are filed against the same debtor, the assets are distributed in the order the writs were received. What Property Can Be Seized Under a Writ of Execution? Texas law is very specific about which types of property can and cannot be seized to satisfy a judgment. Exempt Property Certain assets are protected from seizure under Texas Property Code § 41.001. These include: The debtor’s homestead (primary residence) Wages earned from employment Professionally prescribed health aids Workers’ compensation benefits College savings plans Some insurance benefits Personal property valued up to $50,000 for individuals and $100,000 for families Unique to Texas, the law also protects items like family Bibles, two firearms, pets, and for rural residents, livestock (e.g., 12 head of cattle and 120 fowl). This extensive list reflects Texas's cultural heritage and values. Non-Exempt Property Assets that are generally not exempt include: Vacation homes Timeshares Pleasure boats Airplanes Jewelry exceeding certain value thresholds The specific procedures for seizing different types of property are detailed in Texas Rules of Civil Procedure 639 . Can a Writ of Execution Be Avoided? Judgment debtors have a few options to avoid the execution of a writ: Filing a Supersedeas Bond A supersedeas bond can temporarily halt enforcement of the writ. This bond, filed with the county clerk or justice of the peace, preserves the status quo while the debtor seeks further legal remedies. This option is governed by Texas Rules of Civil Procedure 634 . Challenging the Execution Debtors can file a claim for wrongful execution in situations such as: The debt has already been paid Exempt property is being seized The levy is excessive Additionally, courts take extra care to protect property classified as a homestead under Texas Property Code § 41.002(c) . When only one spouse is responsible for the debt, Texas Family Code § 3.202(a) and related provisions provide guidance on levying against community or separate property. The Role of County Officials in Executing the Writ Once the writ is issued, its enforcement falls on county officials, typically a sheriff or constable. These officials must act in accordance with Civ. Prac. & Rem. Code § 34.072 , which requires them to execute the writ and report back to the court. They must: Give proper notice of the sale of seized property Ensure the proceeds are appropriately delivered to the creditor Avoid overstepping legal boundaries, such as seizing exempt property Failing to execute the writ properly can result in serious consequences, where a sheriff’s refusal to levy on a property initially listed as exempt (but later deemed abandoned) led to court action and damages awarded to the creditor. Preventing Fraudulent Transfers One challenge creditors face is when debtors attempt to hide or transfer assets to avoid collection. To address this, Texas follows the Uniform Fraudulent Transfer Act under Tex. Bus. & Comm. Code § 24.001 et seq .. This act provides legal remedies to creditors when a debtor’s transfer of assets is deemed fraudulent. Effect of a Defendant's Death on Writs of Execution Under Civ. Prac. & Rem. Code § 34.072 , the death of a defendant after a writ of execution is issued halts execution proceedings. However, any lien acquired from the writ's levy is still enforceable by the county court when paying off the deceased's debts. Why Proper Execution Of The Writ Is Crucial The rules for filing and serving a Writ of Execution are strict and detailed. Missteps, such as filing the writ in the wrong county, failing to serve the proper parties, or missing key deadlines, can lead to delays or even render the writ ineffective. Both creditors and debtors must ensure compliance with these rules to avoid unnecessary complications. For creditors, failure to properly enforce the writ could mean losing the opportunity to collect on a judgment. For debtors, not responding appropriately to a writ could result in the loss of valuable assets, even those that might have been exempt.
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The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.

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