Please read the entirety of this page to fully understand
FairClaims tries to provide an abundance of information, guidelines and general resources regarding what information may be needed to get your arbitration award confirmed by a court. However, it is important to keep in mind that FairClaims is not acting as a legal representative and cannot advise a party as what steps they should take.
For the Court Document: Document attached
- The first page is a note to the court briefly explaining what FairClaims is, as some courts are unfamiliar with online arbitration services.
- It is very important to read through the entire packet to fully understand the process. We provide this information to you to aid you with the knowledge to address and court concerns of confusion.
- If you are filing pro se, which means on your own without an attorney, it is important to try to understand each point made in these packets.
- Each state has adopted a version of the Uniform Arbitration Act or closely modeled their own Arbitration Act after the Uniform Arbitration Act.
- We have included information in this packet that we feel will best help you handle any court pushback or to fully describe what you are attempting to do.
For the Claimant Document: Document attached
- This packet will give you further details about the process, as well as some definitions that will be helpful to know along the way.
- Please pay close attention to page 4, as it addresses some of the common court pushback and how to respond to it.
- We cannot stress enough that if you are filing pro se, you must arm yourself with as much knowledge as possible to go into the court and advocate for yourself. If the court clerk does not accept your filing, we strongly urge you to speak with a supervisor at the court or someone who knows about arbitrations, if they do not have anyone, you may ask that they consult a judge.
For the Sample Template: Document attached
- The motion is for you to file with the court. You may complete all yellow sections to the best of your ability. FairClaims cannot tell you how to fill this paperwork out as we are not acting as your legal representative.
- The order is for the judge to complete. You may complete the yellow sections except the judge's name and date.
- The memorandum is like your cover letter. You may complete all yellow sections.
You will likely need to file these documents in a court that has jurisdiction over civil matters (in some locations this could be your local magistrate or chancery). Once the court approves, you will likely need to file a writ of execution and then you have the full aid of the court to garnish wages, levy taxes, etc to ensure payment on your award. There may be a fee to file the forms, however they can likely be attached to your award, and the losing party will incur that cost. (If the motion you are presenting does not have this, you may need to have legal counsel draft the request for you or try adding it yourself for the judge to approve.)
We also want to bring your attention to the Arbitration Rules & Procedures document for further insight into the enforcement process:
Rule 34 refers to attorney's fees:
Click here to proceed to step 5
As a reminder, FairClaims is not acting as a legal representative. All communications are for informational purposes only, and not for the purpose of providing legal advice.