Binding arbitration is a type of alternative dispute resolution, but it is not an option for state agencies. To ensure fairness, there are certain rules and duties that must be followed when using arbitration services. These are outlined in Tex. Code § 154.052 and Tex.
Code § 154.053, and include establishing a method for choosing neutral third parties who have the minimum qualifications and are subject to the rules and duties described in the code. In today's competitive business environment, companies often find traditional litigation too costly, time-consuming, and disruptive to their operations. Fortunately, alternative dispute resolution procedures are available that can help resolve disputes quickly, fairly, and cost-effectively. JAMS Arbitration Rules state that JAMS and the arbitrators must maintain the confidentiality of the arbitration procedure.
Within 15 days of the commencement of the arbitration, each party must select one person to act as arbitrator, and the two so selected must select a third arbitrator within 30 days of the commencement of the arbitration. The parties should strive to appoint a fair representation of diverse arbitrators (taking into account gender, ethnicity, and sexual orientation) and request the managing institutions to include fair representation of diverse candidates in their lists and in the list of potential candidates appointed by the arbitrators. After receiving a naming panel, the parties must notify OA of their selection of an arbitrator or decision not to proceed with the arbitration. If the parties mutually select an arbitrator but that arbitrator is not available, they can select a second name from the same panel or OA will directly appoint another arbitrator who does not appear on the original panel. The OA has been delegated to manage all requests for labor arbitration services. The Supreme Court held that the Federal Arbitration Act (FAA) did not preempt the California Arbitration Act in an interstate dispute in which the parties agreed that their contract would be governed by California law.
If a party considers that the arbitrator has not followed the requirements of this Part, they must promptly notify OA, which may submit any complaint related to the fees charged by the arbitrator to the attention of the Board of Directors for consideration. In recent years, it has been increasingly criticized that arbitration has become so expensive and slow that it is indistinguishable from judicial litigation. To address this issue, parties may choose to include diversity as a consideration when selecting an arbitrator or arbitration panel. This clause seeks to promote diversity while recognizing that other qualifications are also important when selecting an arbitrator. JAMS offers personalized dispute resolution services through a combination of customer service, technology, facilities, mediators, and arbitrators. They also provide five recent labor arbitration awards that are final and binding, prepared by an impartial registered arbitrator selected by mutual agreement of the parties in labor relations disputes that arise under collective bargaining agreements or by direct appointment of an administrative agency.
