CHAPTER 154. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES
CIVIL PRACTICE AND REMEDIES CODE
TITLE 7. ALTERNATE METHODS OF DISPUTE RESOLUTION
CHAPTER 154. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987.
Sec. 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.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987.
Sec. 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.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987.
SUBCHAPTER B. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES
Sec. 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.
(c) Except as provided by agreement of the parties, a court may
not order mediation in an action that is subject to the Federal
Arbitration Act (9 U.S.C. Sections 1-16).
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
621, Sec. 1, eff. June 19, 2009.
Sec. 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.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987.
Sec. 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.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987. Amended by Acts 2001, 77th Leg., ch. 1034, Sec. 12, eff.
Sept. 1, 2001.
Sec. 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.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987.
Sec. 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.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987.
Sec. 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.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987.
Sec. 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.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987.
SUBCHAPTER C. IMPARTIAL THIRD PARTIES
Sec. 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.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987.
Sec. 154.052. QUALIFICATIONS OF IMPARTIAL THIRD PARTY. (a)
Except as provided by Subsections (b) and (c), to qualify for an
appointment as 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 family 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.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987.
Sec. 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.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 29, eff.
Sept. 1, 1999.
Sec. 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 suit.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987.
Sec. 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 wilful 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.
Added by Acts 1993, 73rd Leg., ch. 875, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER D. MISCELLANEOUS PROVISIONS
Sec. 154.071. EFFECT 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.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987.
Sec. 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
alternative dispute resolution procedures.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987.
Sec. 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.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20,
1987. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 30, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1352, Sec. 6, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 1034, Sec. 13, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(6), 21.002(3),
eff. Sept. 1, 2001.