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In Re: Cartwright

Though in a family law case, it is appropriate to follow the TAA if the agreement is binding, because the arbitration agreement in this case did not state that the arbitration would be binding, as a matter of law, the agreement was for non-binding arbitration.

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Original Proceeding on Petition for Writ of Mandamus

OPINION

Relator, Daniel S. Cartwright, filed a petition for writ of mandamus challenging the trial court’s order appointing an arbitrator other than the one named in the parties’ agreement to arbitrate and, in the alternative, challenging the trial court’s order appointing an arbitrator who had previously acted as a mediator in the same parties’ dispute regarding possession of their child. We deny writ on the first issue and grant writ on the second.

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