What is the Texas Alternative Dispute Resolution Act?
Texas Alternative Dispute Resolution Act
The Texas Alternative Dispute Resolution Act establishes the statutory framework for how Texas courts may refer disputes to alternative dispute resolution procedures. The Act reflects a strong public policy favoring early, peaceable resolution of disputes while setting clear rules for referral, confidentiality, and the role of neutral third parties.
Texas Law Strongly Encourages Early and Voluntary Dispute Resolution — The Act declares a statewide policy favoring the peaceable resolution of disputes, with special emphasis on early settlement of pending litigation and matters involving the parent–child relationship. Texas courts and court administrators are expressly tasked with carrying out this policy.
Courts Have Broad Authority to Refer Cases to Multiple Forms of ADR — Texas courts may refer disputes to ADR on their own motion or at a party’s request, including mediation, arbitration, mini-trials, moderated settlement conferences, and summary jury trials. Parties must be notified of a referral and may object, and courts must consider objections before ordering ADR in appropriate circumstances.
The Act Establishes Clear Rules for Neutrals, Confidentiality, and Enforcement — The statute sets minimum qualifications, standards of conduct, compensation rules, and limited immunity for impartial third parties. ADR communications and records are generally confidential, written settlement agreements are enforceable like contracts, and courts may incorporate settlements into final judgments.
For more information, see our blog post Texas Alternative Dispute Resolution Act.
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