Filing for Arbitration in a Solar Case: Step 5 Explained

This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.

Filing for arbitration is step 5 of a Prevost solar case. Learn what we file, where it goes (AAA or JAMS), who pays the fee, and what happens next.

If your lender or installer didn’t resolve your claim during the 60-day waiting period, the next move is ours: we file for arbitration. For most clients, this is the moment the dispute stops being a stack of letters and becomes a formal case.

Filing for arbitration means submitting a formal demand to a neutral arbitration provider, usually the American Arbitration Association (AAA) or JAMS, which then opens a case and requires the other side to respond. At Prevost Law Firm, this step typically takes about one week once the waiting period ends.

This page is part of our guide to what happens after you hire Prevost Law Firm for a solar dispute, which walks through all 18 steps. Here, we focus on step 5: what we check before filing, what we submit, who pays, and what to expect right after.

What does filing for arbitration mean in a solar case?

Filing for arbitration formally starts your case with a private arbitration provider instead of a public court. Most solar loan and installation contracts include an arbitration clause, a provision requiring disputes to be decided by a neutral arbitrator rather than a judge or jury.

An arbitrator is a neutral decision-maker, often a retired judge or experienced attorney, who reviews evidence, hears testimony, and issues a binding decision called an award. The process is less formal than a courtroom trial, but it carries real legal weight.

Arbitration awards are generally final, and courts review them only in limited circumstances. That’s why the work leading up to filing matters so much. Once your case is filed, your claim is formally underway and the other side must participate in the process.

Where is a solar arbitration filed: AAA or JAMS?

Your arbitration is filed with whichever provider your loan or installation contract names, most often the American Arbitration Association (AAA) or JAMS. We don’t choose the forum; the arbitration clause you signed does. Part of our review is identifying which provider and which rules apply to your contract.

Both providers have consumer protections that limit what a homeowner pays to start a case:

American Arbitration Association (AAA)JAMS
Rules typically appliedConsumer Arbitration RulesComprehensive Rules plus Consumer Minimum Standards
Consumer’s share of the filing fee$225 (2026 fee schedule)$250 maximum
Who pays the remaining costsThe businessThe business

Under the AAA’s 2026 consumer fee schedule, the individual filing fee is $225, and the business owes its own filing fee once the consumer’s filing requirements are met. JAMS’s Consumer Minimum Standards cap the consumer’s fee at $250 and require the company / defendant (your lender) to cover all other costs, including the arbitrator’s fees.

What does Prevost check before filing your arbitration?

Before we file, we confirm that your loan hasn’t been sold and that your case facts are still accurate. Filing against the wrong party, or with outdated facts, can cost months.

First, we request a current loan statement. Solar loans are frequently sold to new servicers, and if yours has changed hands, we need to name the correct party. If the loan was sold, we may need to send a new claim letter to the current holder before filing.

Second, we conduct a Replead Interview, a detailed conversation that verifies your case facts and updates anything that has changed since intake. It works like a more thorough version of the intake form as the questions are similar (just more detailed), and it helps our legal team prepare the formal filing.

We’ll also ask about the status of your loan payments: whether you’re current on payments, in collections, charged off, or have been served with a lawsuit over the debt.

What is included in an arbitration filing?

A Prevost arbitration filing includes a formal demand for arbitration, a summary of your claims and supporting evidence, the filing fee, and notice to every party involved. We prepare and submit all of it on your behalf.

  • Demand for arbitration: the formal document that opens the case and identifies the parties, usually the lender and, when appropriate, the installer.
  • Summary of claims and evidence: the legal grounds for your case, such as breach of contract, misrepresentation, or violations of the Texas Deceptive Trade Practices Act (DTPA) or similar state consumer protection laws, summarized in our initial demand letter
  • Filing fee: paid by our firm included in your initial fee agreement with us.
  • Notice to all parties: every named party receives a copy, so no one can claim they weren’t informed.

The claims in the filing build directly on the claim letter we drafted earlier in your case, updated with anything learned during the Replead Interview.

Who pays the arbitration filing fee?

Prevost Law Firm covers the consumer’s share under your engagement agreement. We included this filing charge in your initial fee with Prevost to prevent us from having to request multiple fees during the ongoings of your case before it concludes. Consumer arbitration rules already keep that share small, and the business is responsible for most of the costs.

Filing is only the first invoice in the process. After a case manager is assigned, the provider bills the lender for its initial fees, and later for the arbitrator’s deposit and remaining hearing costs. Those later fees can be substantial, and lenders sometimes pay them slowly, which is one of the most common sources of delay.

We track every invoice and follow up when payments stall. You can read more about that stage in what happens while we wait for the lender to pay initial arbitration fees. If you’re wondering how legal fees work if you win, see how attorney’s fees work when you win your case.

What can delay filing for arbitration?

The most common delays at this stage are a loan sale, changed case facts, or a missing loan statement. Each one is fixable, but each can add time.

  • Your loan was sold. If a new company now holds your loan, we may need to send a new claim letter and restart the 60-day waiting period before we can file against the right party.
  • Your facts changed. Repairs, a roof replacement, a home sale, or a change in who is on the loan can all affect your claims and may require updates before filing.
  • We’re waiting on documents. We don’t file without a current loan statement confirming who holds your loan.

The fastest way to avoid these delays is to tell us right away when anything changes, especially if your statements start coming from a different company.

What do we need from you when we file?

At this stage, we need prompt answers about your loan and anything new in your situation. Your participation is minimal during arbitration filing, but it matters.

Please be ready to:

  • Send a recent loan statement when we ask for it.
  • Complete the Replead Interview and answer honestly, even if a fact feels unhelpful or potentially harmful.
  • Tell us your payment status: current, behind, in collections, charged off, or served with a lawsuit.
  • Let us know immediately about system repairs, roof repairs, a pending home sale, or a new loan servicer.

Honesty can help protect your case. If something comes up after filing, our legal team can submit an amendment to update your claims, but it’s always easier to get it right the first time.

What happens after your arbitration is filed?

After filing, the arbitration provider reviews your case and assigns a case manager, usually within two to four weeks. From here, the provider’s administrative timeline, not ours, sets much of the pace.

The next steps are:

  1. A case manager is assigned to handle paperwork and scheduling. The case manager commences the case.
  2. The arbitration administration (JAMS or AAA) bills the lender for initial fees.
  3. Both sides contribute to the process of choosing an arbitrator through the strike and rank process.

It’s normal for things to feel quiet after filing. A lack of updates doesn’t mean nothing is happening; we’re monitoring the provider’s portal and following up on every deadline. We’ll update you when your case reaches each milestone.

FAQs: Filing for Arbitration in a Solar Case

Is arbitration the same as going to court? No. Arbitration is a private process outside the public court system, decided by a neutral arbitrator instead of a judge or jury. It’s typically less formal than a trial, but the arbitrator’s decision is binding and unappealable. Courts can review it only in limited circumstances.

Do I need to do anything on the day my arbitration is filed? Usually not. Prevost Law Firm prepares and submits the filing on your behalf. Your main responsibilities include providing a current loan statement, completing the Replead Interview beforehand, and telling us right away if anything about your loan or home changes.

Can my solar case still settle after arbitration is filed? Yes. Filing doesn’t close the door on settlement. Lenders and installers can negotiate at any point before the arbitrator issues an award, and some cases resolve after filing once the other side recognizes the case is moving forward.

How long after filing does the arbitration hearing happen? It varies widely. Fee payments, arbitrator selection, scheduling, and evidence exchange all come first. Delayed fee payments and the availability of all parties involved can also contribute to the length of time between filing and final hearing date. Some cases move within months, while heavily contested cases can take 12 to 24 months or longer. Our full timeline explains each stage and where delays happen.

Can I file for arbitration on my own without a lawyer? You can, but solar disputes involve contract review, multiple parties, and procedural rules that are easy to get wrong. Before deciding, read whether you should represent yourself in a solar arbitration.

You’re Officially in the Fight

Filing for arbitration is a major milestone. Your claim is formally underway. The other side must respond, and a neutral arbitrator will ultimately decide the outcome. From here, we handle the deadlines, invoices, and follow-ups while you keep us informed.

If you’re dealing with a solar loan or installation problem and haven’t started a case yet, request your no-cost claim review or call (855) 584-3576.

Next step in the process: Step 6: Case Manager Assigned

Previous step: Step 4: The 60-Day Waiting Period

This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.

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