Arbitration Information
Rob Holcomb is available to arbitrate a variety of disputes including, but not limited to, construction, business, real estate, consumer and personal injury matters.
· PROCESS
Unless other applicable law applies, all arbitration will be governed by the Texas Arbitration Act (the “TAA”) as set forth in Section 171 of the Texas Civil Practice and Remedies Code or the Federal Arbitration Act (“FAA”). After the parties submit their mutual agreement for me to serve as the mediator, an initial conference call is held. During this conference call, many issues will be discussed regarding the facts and law of the case. It will then be requested that the parties submit a scheduling order to schedule deadlines for discovery, expert designation, the final arbitration hearing date, etc. The parties will then conduct whatever necessary pre-hearing business. If any disputes arise, I will be available for hearings to try and resolve the disputes. A status conference will be held periodically, the frequency to be determined by the parties.
· PAYMENTS AND CANCELLATIONS
The fee for arbitration services is $325.00 per hour or $2,600 per day, and up to $375.00 per hour or $3,000.00 per day for complex matters, which will be determined during our pre-arbitration conference call. All preliminary matters will be billed at the hourly rate and each day of the arbitration hearing will be billed at the daily rate ($2,600.00-$3,000.00 per day).
A reasonable deposit will be required for the estimated time of the arbitration hearing and preliminary matters. Preliminary matters will be billed on a monthly basis and will be billed towards the deposit. A final bill will be issued at the end of the arbitration hearing and the deposit will be credited towards that amount. As with my mediation practice, I understand that conflicts arise and it is encouraged for matters to settle amicably and therefore, NO CANCELLATION FEES WILL BE CHARGED and only the actual time spent will be billed. It is requested that last minute cancellations be avoided if at all possible. No cancellation fees will be charged, but it is requested that any cancellations be in writing or confirmed by e-mail from all parties. Invoices for the mediation will typically be sent prior to the mediation and shall be paid prior to the beginning of the mediation.
· TRAVEL EXPENSES
Travel time and expenses will be charged if arbitration is greater than 50 miles from Austin. All travel time will be billed at $150 per hour and all travel expenses are charged to the file (air fare, mileage or fuel, meals, lodging, ground transportation, etc.) and are divided equally among the parties, or pursuant to an agreement by the parties. Travel time and travel expenses will be estimated in advance and divided equally among the parties and due with the arbitration deposit.
· FACILITY AND PARKING
There are no facility fees for arbitrations that occur at KHCT’s office. The office is located 24 miles north of downtown Austin in Cedar Park, Texas. The address is 13625 Ronald W. Reagan Boulevard, Building One, Suite 100, Cedar Park, Texas 78613. There is no charge for parking and there are plenty of parking spots. The arbitration will be conducted in the large conference room that has seating for 10 people and has audio/video capabilities. For any arbitrations occurring outside of my office, the parties shall be responsible for all facility costs and for arranging for the facility.
· LUNCHES AND SNACKS
In order to maximize efficiency, lunches will be provided for all parties participating in the arbitration. Accommodations can be made for certain dietary restrictions and it is requested that the parties notify my office at least 24 hours prior to the arbitration. A variety of snacks and drinks are available for each of the parties. Lunches will not be provided for arbitrations held outside of my office and the parties will be responsible for all costs snacks and beverages.
· SCHEDULING ARBITRATION AND HOLDING DATES
Because of the time requirements for arbitrations, the parties should provide at least 6 months notice when scheduling and provide an estimate of the amount of time the arbitration will take. Parties may request to hold a certain dates as long as they are 6 months out from the current date. Once it is inside the 6 month notice period, no holds will be allowed and the arbitration deposit must be paid in order to confirm.