NCJ Number
110934
Journal
Texas Bar Journal Volume: 50 Issue: 8 Dated: (September 1987) Pages: 846-848
Date Published
1987
Length
3 pages
Annotation
This article focuses on the use of alternative dispute resolution (ADR) techniques in Texas.
Abstract
ADR techniques are used for settlement of conflicts in judicial, community, and commercial settings. Since 1980, with the assistance of grants from Federal and State government and private foundations, centers have been opened in several areas in Texas. Centers operate with a small professional staff and a large panel of trained volunteer mediators. Cases are referred by judges, district attorneys, law enforcement officers, community service agencies, attorneys, and satisfied disputants. Legislation has since been passed to secure stable funding for the centers. Businesses have recognized that ADR processes are a cost-effective and time-saving alternative to litigation. Labor unions, insurance companies, large corporations, individuals, and nonprofit organizations have benefited from mediation to resolve disputes. Since the passage of the Senate Bill 1436 provision, the court has the explicit power to refer cases to a public ADR center for voluntary settlement of citizens' disputes. In spite of advantages such as reduced court docket loads and a high degree of satisfaction with the program, critics say referral to ADR centers adds one more level of expense and delay to parties seeking enforcement of their legal rights. S.B. 1436 provides a blanket rule of confidentiality with the exception of oral or written communications independent of the ADR proceeding. The subject of professional standards of ADR encompasses the issues of qualification and training requirements for practitioners, and standards of practice and procedure. 13 references.