Texas

Civil Justice Reform Act of 1990

Resource Type: Legislation

Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...

Alternative Dispute Resolution Act of 1998

Resource Type: Legislation

Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...

Texas Government Code Title 2, Chapter 81, Section 81.072(e): Voluntary Mediation Program

Resource Type: Legislation

Abstract: This section states that the Texas state bar shall establish a voluntary mediation and dispute resolution procedure to "resolve any allegation of attorney misconduct" as well as "facilitate coordination with other programs administered by the state b...

Texas Government Code Title 2, Chapter 27, Section 27.034(c): Alternative Dispute Resolution

Resource Type: Legislation

Abstract: According to this statute, a justice of the peace may order alternative dispute resolution for deed restriction disputes. ...

Texas Family Code Title 5, Chapter 153: Conservatorship, Possession, and Access

Resource Type: Legislation

Abstract: Section 153.0071 of this chapter states that the court can refer a parent-child relationship suit to arbitration or mediation if a written agreement exists or, in the case of mediation, by the court's own motion. Section 153.0072 states that a child-...

Texas Government Code Title 2, Chapter 101: Filing Fees and Other Fees and Costs in Civil Proceedings

Resource Type: Legislation

Abstract: This chapter addresses fees in civil proceedings in the Texas Judicial Branch. A district or statutory county court clerk will collect fees "in certain civil cases to establish and maintain an alternative dispute resolution system, if authorized by t...

Texas Family Code Title 5, Chapter 107: Special Appointments and Social Studies

Resource Type: Legislation

Abstract: According to this chapter, guardians and attorneys ad litem, as well as amicus attorneys, have the duty to "encourage settlement and the use of alternative dispute resolution" for disputes involving the children they represent. Additionally, in suits...

Texas Code of Criminal Procedure Title 1, Chapter 5, Article 5.08: Mediation in Family Violence Cases

Resource Type: Legislation

Abstract: This article states that courts will not refer or order the victim or defendant of criminal prosecution cases arising from family violence to mediation, dispute resolution, arbitration or similar procedures. ...

Texas Family Code Title 5, Chapter 203: Domestic Relations Offices

Resource Type: Legislation

Abstract: This chapter states that domestic relations offices may "provide an informal forum in which alternative dispute resolution is used to resolve disputes under this code" and may charge a reasonable fee to provide those services. ...

Texas Code of Criminal Procedure Title 1, Chapter 26: Arraignment

Resource Type: Legislation

Abstract: This chapter states that the court "may assist the victim and the defendant in participating in a victim-offender mediation program" if the victim requests such action and if a guilty plea or plea of nolo contendere has not yet been accepted. ...

Texas Civil Practice and Remedies Code Title 7, Chapter 152: Alternative Dispute Resolution System Established by Counties

Resource Type: Legislation

Abstract: This statute states that the commissioners courts of each county may establish an alternative dispute resolution system to include mediation, conciliation or arbitration. The court may contract with nonprofit corporations, political subdivisions, a p...

Texas Family Code Title 1, Chapter 6, Subchapter G: Alternative Dispute Resolution

Resource Type: Legislation

Abstract: This subchapter addresses arbitration, mediation, collaborative law and informal settlement conferences in cases of marriage dissolution. The subchapter states that upon a written agreement from the parties, the court may refer them to arbitration fo...

Texas Civil Practice and Remedies Code Title 7, Chapter 151: Trial by Special Judge

Resource Type: Legislation

Abstract: This chapter states that a judge in a district, statutory probate or statutory county court may, upon party agreement, refer a civil or family case to trial by special judge. The chapter addresses qualifications and powers of the special judge, attor...

Texas Civil Practice and Remedies Code Title 7, Chapter 155: Settlement Weeks

Resource Type: Legislation

Abstract: This chapter states that any county with a population of 150,000 or above shall have a settlement week, during which district courts, constitutional and statutory county courts and the family law courts "will facilitate the voluntary settlement of ci...

Texas Civil Practice and Remedies Code Title 7, Chapter 154: Alternative Dispute Resolution Procedures

Resource Type: Legislation

Abstract: Under this chapter, a court may refer a case to alternative dispute resolution (ADR) in response to party's motion or a motion of the court. Alternative dispute resolution processes addressed in the chapter include: mediation, minitrial, moderated se...

Texas Code of Criminal Procedure Title 1, Chapter 56, Article 56.13:Victim-Offender Mediation

Resource Type: Legislation

Abstract: This article states that the Texas Department of Criminal Justice victim services division will train volunteers to serve as mediators between victims, guardians of victims and close relatives of deceased victims and offenders in cases of bodily inju...

Texas Government Code Title 2, Chapter 30, Section 30.00084: Municipal Courts of Record

Resource Type: Legislation

Abstract: This section states that a municipal judge may, with party approval, order a defendant and victim or complainant to mediation or alternative dispute resolution to be paid for by the city. ...

Texas Civil Practice and Remedies Code Title 7, Chapter 171: General Arbitration

Resource Type: Legislation

Abstract: This statute addresses arbitration in cases where there is a written agreement and the conflict occurs either at the time of or after the date of the agreement. Parties may only revoke an agreement "on a ground that exists at law or in equity for the...

Supreme Court of Texas Ethical Guidelines for Mediators

Resource Type: Guidelines

Abstract: These guidelines are intended to promote public confidence in the mediation process and serve as a general guide for mediator conduct. The guidelines provide general rules of mediator conduct involving the use of information gained during mediation, ...

Eviction Prevention and Diversion Programs - Early Lessons from the Pandemic

Resource Type: Report

Abstract: This report details the diversity of court-based and court-adjacent eviction prevention and diversion programs that were created or adapted to prevent evictions during the COVID-19 pandemic. In this resource, eviction prevention and diversion program...

Online Dispute Resolution in the United States

Resource Type: Report

Abstract: The ABA Center for Innovation surveyed the extent of court-annexed online dispute resolution (ODR) in the United States as it existed at the end of 2019. This report contains statistics and visualizations to document the information captured from the...

Texas Online Dispute Resolution Proposed Policy Framework

Resource Type: Guide, Report

Abstract: This proposed policy framework (found in Attachment A) is intended to provide information to the Civil Justice Committee of the Texas Office of Court Administration and other state policy makers as they seek to enact policies to guide the development...

ADR in the Federal District Courts: An Initial Report

Resource Type: Report

Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...

Long-Term Outcomes of Child Protection Mediation on Permanency for Children in Foster Care

Resource Type: Study

Resource Type: Mediation Efficacy Study

Abstract: For this comparative study of the effect of mediation on the time it takes to achieve a permanent placement for children in care, the author matched 315 cases in Texas that went through mediation to 315 that did not. She found that slightly more chil...

Child Protection Mediation in Texas: Past, Present and Future

Resource Type: Report

Abstract: Child protection mediation began as a pilot project in Texas. The success of the pilot led to implementation across most of the state. The University of Texas Law School Mediation Clinic conducted a survey of judges, attorneys and mediators in an eff...

Report on the Implementation of the Children's Justice Act Mediation Pilot Projects, 2003-2005

Resource Type: Evaluation

Abstract: This study examines the implementation and success of Child Protection Services mediation programs in four counties throughout Texas from 2003 to 2005. Programs in the South Texas Cluster Court and the North East Texas Foster Care Docket, both of whi...

Victim Offender Dialogue in Crimes of Severe Violence: A Multi-Site Study of Programs in Texas and Ohio

Resource Type: Study

Abstract: This study examines statewide victim offender dialogue programs to provide victims of severe violence the opportunity to meet the offender should the offender agree. For the study, 79 interviews were conducted - 40 with victims or family survivors, 3...

Report on the Implementation of the Children's Justice Act Mediation Pilot Projects, 2002

Resource Type: Evaluation

Abstract: This study examines the implementation and success of Child Protection Services mediation programs in five counties around Texas during 2002. Programs in the South Texas Cluster Court and the North East Texas Foster Care Docket, both of which cover m...

Report on the Implementation of the Children's Justice Act Mediation Pilot Projects, 2001

Resource Type: Evaluation

Abstract: This study examines the implementation and success of five different Child Protection Services mediation programs in counties around Texas during 2001. Survey data was collected from judges, mediators, staff and mediation participants to determine t...

Report on the Implementation of the Children's Justice Act Mediation Pilot Projects, 2000

Resource Type: Study

Resource Type: Mediation Efficacy Study

Abstract: This study examines the implementation and outcomes of Child Protection Services mediation programs in 12 counties around Texas. Survey data was collected from judges, mediators, staff, and mediation participants to determine the settlement rate and ...

An Evaluation of Mediation and Early Neutral Evaluation Under the Civil Justice Reform Act

Resource Type: Study

Resource Type: Mediation Efficacy Study

Abstract: Examines the implementation, costs, and effects of mediation and early neutral evaluation programs for civil cases in six federal district courts with CRJA pilot programs. The districts studied were: California (Southern), New York (Eastern), New Yor...

Victim Offender Mediation: An Analysis of Programs in Four States of the U.S.

Resource Type: Report

Resource Type: Mediation Efficacy Study

Abstract: This report evaluates existing victim offender programs in the U.S. It studied juvenile courts in Albuquerque (NM), Austin (TX), Minneapolis and St. Paul (MN), and Oakland (CA), in terms of the mediation process and outcomes, client satisfaction, per...

A.A. White Dispute Resolution Institute

Resource Type: Organization

Abstract: This organization is part of the University of Houston College of Business Administration. Its purpose is to promote greater understanding of conflict resolution and its impact in society and to encourage expansion of the field. The Center states th...

Texas Mediator Credentialing Association

Resource Type: Organization

Abstract: The Texas Mediator Credentialing Association is a non-profit organization that offers voluntary credentialing to all mediators in Texas who qualify and maintains a list of mediators who have been granted such credentials. Its Code of Ethics and Stand...

University of Texas at Austin Center for Public Policy Dispute Resolution

Resource Type: Organization

Abstract: "The Center is a resource to governmental agencies, courts and practitioners for the planning, design and implementation of ADR processes and to the private sector regarding disputes having an impact on public policy." The center also offers training...

State Bar of Texas Alternative Dispute Resolution Section

Resource Type: Organization

Abstract: The section's website features information regarding Texas ADR legislation, Texas training standards for ADR trainers, ADR Section Ethical Guidelines for Third-Party Neutrals, ADR articles, ADR case law updates and internet links to other ADR organiz...