CIVIL PRACTICE & REMEDIES CODE
CHAPTER 154. ALTERNATIVE 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.
Added by 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.
Added by 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.
Added by 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.
Added by 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.
Added by 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.
Added by Acts 1987, 70th Leg., ch. 1121, § 1, eff. June 20, 1987.
Amended by Acts 2001, 77th Leg., ch. 1034, § 12, eff. Sept. 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.
Added by 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.
Added by 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.
Added by 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.
Added by Acts 1987, 70th Leg., ch. 1121, § 1, eff. June 20, 1987.
SUBCHAPTER C. IMPARTIAL THIRD PARTIES
§ 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, § 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 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, § 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.
Added by Acts 1987, 70th Leg., ch. 1121, § 1, eff. June 20, 1987.
Amended by Acts 1999, 76th Leg., ch. 1150, § 29, eff. Sept. 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 suit.
Added by 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 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, § 1, eff. Sept. 1, 1993.
SUBCHAPTER D. MISCELLANEOUS PROVISIONS
§ 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, § 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 alternative dispute resolution procedures.
Added by 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.
Added by Acts 1987, 70th Leg., ch. 1121, § 1, eff. June 20, 1987.
Amended by Acts 1999, 76th Leg., ch. 1150, § 30, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1352, § 6, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1034, § 13, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1420, § 21.001(6), 21.002(3), eff. Sept. 1,
2001.
