TEXAS ADR
STATUTE
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TEXAS CIVIL PRACTICE & REMEDIES CODE
CHAPTER 154. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES
SUBCHAPTER A. GENERAL PROVISIONS
SUBCHAPTER A. GENERAL PROVISIONS
§154.001 Definitions
§154.002 Policy
§154.003 Responsibility of Courts and Court Administrators
SUBCHAPTER B. ALTERNATIVE DISPUTE
RESOLUTION PROCEDURES
§154.021 Referral of Pending Disputes for
Alternative Dispute Resolution Procedure
§154.022 Notification and Objection
§154.023 Mediation
§154.024 Mini-Trial
§154.025 Moderated Settlement Conference
§154.026 Summary Jury Trial
§154.027 Arbitration
SUBCHAPTER C. IMPARTIAL THIRD PARTIES
§154.051 Appointment of Impartial Third Parties
§154.052 Qualifications of Impartial Third Parties
§154.053 Standards and Duties of Impartial Third Parties
§154.054 Compensation of Impartial Third Parties
§154.055 Qualified Immunity of Impartial Third Parties
[Sections 154.056 to 154.070 reserved for
expansion]
§154.071 Effect of Written Settlement Agreement
§154.072 Statistical Information on Disputes Referred
§154.073 Confidentiality of Communications in Dispute Resolution
Procedures
SUBCHAPTER A. GENERAL PROVISIONS
§154.001. Definitions.
In this chapter:
(1)
"Court" includes an appellate court, district court, constitutional
county court, statutory county court, family law court, probate court,
municipal court, or justice of the peace court.
(2)
"Dispute resolution organization" means a private profit or nonprofit
corporation, political subdivision, or public corporation, or a
combination of these, that offers alternative dispute resolution
services to the public.
Acts
1987, 70th Leg., ch. 1121, §1, eff. June 20, 1987.
§154.002. Policy.
It is
the policy of this state to encourage the peaceable resolution of
disputes, with special consideration given to disputes involving the
parent-child relationship, including the mediation of issues involving
conservatorship, possession, and support of children, and the early
settlement of pending litigation through voluntary settlement
procedures.
Acts
1987, 70th Leg., ch. 1121, §1, eff. June 20, 1987.
§154.003.
Responsibility of Courts and Court Administrators.
It is
the responsibility of all trial and appellate courts and their court
administrators to carry out the policy under Section 154.002.
Acts
1987, 70th Leg., ch. 1121, §1, eff. June 20, 1987.
SUBCHAPTER B.
ALTERNATIVE DISPUTE RESOLUTION PROCEDURES
§154.021. Referral of
Pending Disputes for Alternative Dispute Resolution Procedure. (a) A
court may, on its own motion or the motion of a party, refer a pending
dispute for resolution by an alternative dispute resolution procedure
including:
(1) an alternative dispute resolution system established under
Chapter 26, Acts of the 68th Legislature, Regular Session, 1983 (Article
2372aa, Vernon's Texas Civil Statutes);
(2) a dispute resolution organization; or
(3) a nonjudicial and informally conducted forum for the voluntary
settlement of citizens' disputes through the intervention of an
impartial third party, including those alternative dispute resolution
procedures described under this subchapter.
(b) The
court shall confer with the parties in the determination of the most
appropriate alternative dispute resolution procedure.
Acts
1987, 70th Leg., ch. 1121, §1, eff. June 20, 1987.
§154.022. Notification
and Objection. (a) If a court determines that a pending dispute is
appropriate for referral under Section 154.021, the court shall notify
the parties of its determination.
(b) Any
party may, within 10 days after receiving the notice under Subsection
(a), file a written objection to the referral.
(c) If
the court finds that there is a reasonable basis for an objection filed
under Subsection (b), the court may not refer the dispute under Section
154.021.
Acts
1987, 70th Leg., ch. 1121, §1, eff. June 20, 1987.
§154.023. Mediation.
(a)
Mediation is a forum in which an impartial person, the mediator,
facilitates communication between parties to promote reconciliation,
settlement, or understanding among them,
(b) A
mediator may not impose his own judgment on the issues for that of the
parties.
(c)
Mediation includes victim-offender mediation by the Texas Department of
Criminal Justice described in Article 56.13, Code of Criminal Procedure.
Acts
1987, 70th Leg., ch. 1121, §1, eff. June 20, 1987; amended Acts 2001,
77th Leg.; ch. 1034, §11; eff. September 1, 2001.
§154.024. Mini-Trial. (a) A mini-trial is conducted under an agreement of the parties.
(b)
Each party and counsel for the party present the position of the party,
either before selected representatives for each party or before an
impartial third party, to define the issues and develop a basis for
realistic settlement negotiations.
(c) The
impartial third party may issue an advisory opinion regarding the merits
of the case.
(d) The
advisory opinion is not binding on the parties unless the parties agree
that it is binding and enter into a written settlement agreement.
Acts
1987, 70th Leg., ch. 1121, §1, eff. June 20, 1987.
§154.025. Moderated
Settlement Conference. (a) A moderated settlement conference is a
forum for case evaluation and realistic settlement negotiations.
(b)
Each party and counsel for the party present the position of the party
before a panel of impartial third parties.
(c) The
panel may issue an advisory opinion regarding the liability or damages
of the parties or both.
(d) The
advisory opinion is not binding on the parties.
Acts
1987, 70th Leg., ch. 1121, §1, eff. June 20, 1987.
§154.026. Summary Jury
Trial. (a) A summary jury trial is a forum for early case evaluation
and development of realistic settlement negotiations.
(b)
Each party and counsel for the party present the position of the party
before a panel of jurors.
(c) The
number of jurors on the panel is six unless the parties agree otherwise.
(d) The
panel may issue an advisory opinion regarding the liability or damages
of the parties or both.
(e) The
advisory opinion is not binding on the parties.
Acts
1987, 70th Leg., ch. 1121, §1, eff. June 20, 1987.
§154.027. Arbitration. (a) Nonbinding arbitration is a forum in which each party and counsel
for the party present the position of the party before an impartial
third party, who renders a specific award.
(b) If
the parties stipulate in advance, the award is binding and is
enforceable in the same manner as any contract obligation. If the
parties do not stipulate in advance that the award is binding, the award
is not binding and serves only as a basis for the parties' further
settlement negotiations.
Acts
1987, 70th Leg., ch. 1121, §1, eff. June 20, 1987.
[Sections 154.028 to
154.050 reserved for expansion.]
§154.051. Appointment
of Impartial Third Parties. (a) If a court refers a pending dispute
for resolution by an alternative dispute resolution procedure under
Section 154.021, the court may appoint an impartial third party to
facilitate the procedure.
(b) The
court may appoint a third party who is agreed on by the parties if the
person qualifies for appointment under this subchapter.
(c) The
court may appoint more than one third party under this section.
Acts
1987, 70th Leg., ch. 1121, §1, eff. June 20, 1987.
§154.052.
Qualifications of Impartial Third Party. (a) Except as provided by
Subsections (b) and (c), to qualify for an appointment an impartial
third party under this subchapter a person must have completed a minimum
of 40 classroom hours of training in dispute resolution techniques in a
course conducted by an alternative dispute resolution system or other
dispute resolution organization approved by the court making the
appointment.
(b) To
qualify for an appointment as an impartial third party under this
subchapter in a dispute relating to the parent-child relationship, a
person must complete the training required by Subsection (a) and an
additional 24 hours of training in the fields of fan-lily dynamics,
child development, and family law.
(c) In
appropriate circumstances, a court may in its discretion appoint a
person as an impartial third party who does not qualify under Subsection
(a) or (b) if the court bases its appointment on legal or other
professional training or experience in particular dispute resolution
processes.
Acts
1987, 70th Leg., ch. 1121, §1, eff. June 20, 1987.
§154.053. Standards and Duties of Impartial Third Parties.
(a) A
person appointed to facilitate an alternative dispute resolution
procedure under this subchapter shall encourage and assist the parties
in reaching a settlement of their dispute but may not compel or coerce
the parties to enter into a settlement agreement.
(b)
Unless expressly authorized by the disclosing party, the impartial third
party may not disclose to either party information given in confidence
by the other and shall at all times maintain confidentiality with
respect to communications relating to the subject matter of the dispute.
(c)
Unless the parties agree otherwise, all matters, including the conduct
and demeanor of the parties and their counsel during the settlement
process, are confidential and may never be disclosed to anyone,
including the appointing court.
(d)
Each participant, including the impartial third party, to an alternative
dispute resolution procedure is subject to the requirements of
Subchapter B, Chapter 261, Family Code, and Subchapter C, Chapter 48,
Human Resources Code.
Acts
1987, 70th Leg., ch. 1121, §1, eff. June 20, 1987; amended Acts 1999,
76th Leg.,§1150, eff. September 1, 1999.
§154.054. Compensation
of Impartial Third Parties. (a) The court may set a reasonable fee
for the services of an impartial third party appointed under this
subchapter.
(b)
Unless the parties agree to a method of payment, the court shall tax the
fee for the services of an impartial third party as other costs of
court.
Acts
1987, 70th Leg., ch. 1121, §1, eff. June 20, 1987.
§154.055. Qualified
Immunity of Impartial Third Parties. (a) A person appointed to
facilitate an alternative dispute resolution procedure under this
subchapter or under Chapter 152 relating to an alternative dispute
resolution system established by counties, or appointed by the parties
whether before or after the institution of formal judicial proceedings,
who is a volunteer and who does not act with wanton and willful
disregard of the rights, safety, or property of another, is immune from
civil liability for any act or omission within the course and scope of
his or her duties or functions as an impartial third party. For purposes
of this section, a volunteer impartial third party is a person who does
not receive compensation in excess of reimbursement for expenses
incurred or a stipend intended as reimbursement for expenses incurred.
(b)
This section neither applies to nor is it intended to enlarge or
diminish any rights or immunities enjoyed by an arbitrator participating
in a binding arbitration pursuant to any applicable statute or treaty.
Acts
1993, 73rd Leg., ch. 875, § 1, eff. September 1, 1993.
*
Section 2 of HB 2287 (chapter 875, Acts 1993, 73rd Leg.) provides: "This
Act takes effect September 1, 1993, and applies to all acts or omissions
alleged against an impartial third party occurring in connection with an
alternative dispute resolution proceeding on or after that date. Causes
for which the original petition was filed before the effective date of
this Act are covered by the law as it existed on the date the case was
filed, and that law is continued in effect for that purpose."
[Sections 154.056 to
154.070 reserved for expansion.]
§154.071. Effects of
Written Settlement Agreement. (a) If the parties reach a settlement
and execute a written agreement disposing of the dispute, the agreement
is enforceable in the same manner as any other written contract.
(b) The
court in its discretion may incorporate the terms of the agreement in
the court's final decree disposing of the case.
(c) A
settlement agreement does not affect an outstanding court order unless
the terms of the agreement are incorporated into a subsequent decree.
Acts
1987, 70th Leg., ch. 1121, § 1, eff. June 20, 1987.
§154.072. Statistical
Information on Disputes Referred. The Texas Supreme Court shall
determine the need and method for statistical reporting of disputes
referred by the courts to alternate dispute resolution procedures.
Acts
1987, 70th Leg., ch. 1121, § 1, eff. June 20, 1987.
§154.073.
Confidentiality of Certain Records and Communications.
(a)
Except as provided by Subsections (c), (d), (e), and (f), a
communication relating to the subject matter of any civil or criminal
dispute made by a participant in an alternative dispute resolution
procedure, whether before or after the institution of formal judicial
proceedings, is confidential, is not subject to disclosure, and may not
be used as evidence against the participant in any judicial or
administrative proceeding.
(b) Any
record made at an alternative dispute resolution procedure is
confidential, and the participants or the third party facilitating the
procedure may not be required to testify in any proceedings relating to
or arising out of the matter in dispute or be subject to process
requiring disclosure of confidential information or data relating to or
arising out of the matter in dispute.
(c) An
oral communication or written material used in or made a part of an
alternative dispute resolution procedure is admissible or discoverable
if it is admissible or discoverable independent of the procedure.
(d) A
final written agreement to which a governmental body, as defined by
Section 552.003, Government Code, is a signatory that is reached as a
result of a dispute resolution procedure conducted under this chapter is
subject to or excepted from required disclosure in accordance with
Chapter 552, Government Code.
(e) If
this section conflicts with other legal requirements for disclosure of
communications, records, or materials, the issue of confidentiality may
be presented to the court having jurisdiction of the proceedings to
determine, in camera, whether the facts, circumstances, and context of
the communications or materials sought to be disclosed warrant a
protective order of the court or whether the communications or materials
are subject to disclosure.
(f)
This section does not affect the duty to report abuse or neglect under
Subchapter B, Chapter 261, Family Code, and abuse, exploitation, or
neglect under Subchapter C, Chapter 48, Human Resources Code.
(g)
This section applies to a victim-offender mediation by the Texas
Department of Criminal Justice as described in Article 56.13, Code of
Criminal Procedure.
Acts 1987, 70th Leg., ch. 1121,
§1, eff. June 20, 1987; amended Acts 1999, 76th Leg., ch. 1150, §30, and
ch. 1352, §6, eff. September 1, 1999; amended Acts 2001, 77th Leg., ch.
1034, §12, eff. September 1, 2001.