(All disputes under Federal Arbitration Act)
[Typically, such arbitrations provisions, which require waiver of rights, should be IN BOLD]
DISPUTE RESOLUTION
The parties shall each be responsible for initial payment of one-half of any arbitration fees, but upon final resolution the prevailing party shall be entitled to recover its reasonable attorney's fees and costs. If the Client files an affidavit acceptable to the arbitrator or arbitration panel evidencing an inability to advance its one-half of the costs, the arbitrator or arbitration panel may require the Firm to pay such costs, subject to whatever reimbursement may be ordered. Any party shall be allowed to have the arbitration recorded and transcribed by a licensed court reporter at the requesting party's expense.
By agreeing to arbitration, the Client waives a public trial before a judge or jury, and the rights of appeal are limited. Arbitration is generally cheaper and faster than traditional courthouse litigation because of the reduced amount of pretrial discovery that is usually allowed and the relaxed rules of evidence that allow arbitrators to focus more on the substance of the case than the technical form of the evidence. However, arbitration can, at times, be as expensive as traditional courthouse litigation.
Any party unsuccessfully challenging the validity or enforceability of the mandatory, binding arbitration agreement above or unsuccessfully opposing the enforcement of the mandatory, binding arbitration agreement above shall be liable to the party seeking to enforce the mandatory, binding arbitration agreement above for all costs, expenses, and attorney's fees incurred in enforcing the mandatory, binding arbitration agreement above.
Without waiving the mandatory, binding arbitration agreement above, the Client, the Firm and the respective partners, officers, directors, employees, and agents of each agree that if the arbitration provision above is held to be invalid, inapplicable, or waived, so that the parties must litigate their disputes in court, all parties waive trial by jury and agree to a trial before a judge only, with the judgment from such trial being appealable just as any judgment from a bench trial in Texas.
Without waiving the mandatory, binding arbitration agreement above, the Client, the Firm, and the respective partners, officers, directors, employees, and agents of each agree that if any litigation is filed relating to. any disputes arising from or related to this Agreement; any legal representation rendered by the Firm and its partners, officers, directors, employees, and agents to the Client, whether pursuant to this Agreement or otherwise; and the conduct of the Firm and its partners, officers, directors, employees, and agents, whether pursuant to this Agreement or otherwise, the exclusive venue for such litigation shall be in the state or federal courts sitting in [County] County, [State], and any litigation filed in any other venue shall be dismissed upon the motion of any party.ยท The party filing litigation outside of [County] County, [State], shall be liable to the party seeking to enforce this mandatory venue provision for all costs, expenses, and attorney's fees incurred in enforcing this mandatory venue provision.
The Client, the Firm, and the respective partners, officers, directors, employees, and agents of each agree that this Agreement; any legal representation rendered by the Firm and its partners, officers, directors, employees, and agents to the Client, whether pursuant to this Agreement or otherwise; and the conduct of the Firm and its partners, officers, directors, employees, and agents, whether pursuant to this Agreement or otherwise, shall be governed by and construed and enforced in accordance with the laws of the State of Texas with these exceptions: The Client, the Firm, and the respective partners, officers, directors, employees, and agents of each agree that the arbitration agreement herein shall be governed by the Federal Arbitration Act. The Client, the Firm, and the respective partners, officers, directors, employees, and agents of each agree that in any arbitration or litigation over this Agreement; any legal representation rendered by the Firm and its partners, officers, directors, employees, and agents to the Client, whether pursuant to this Agreement or otherwise; and the conduct of the Firm and its partners, officers, directors, employees, and agents, whether pursuant to this Agreement or otherwise, the prevailing party shall recover its reasonable attorneys' fees.