Intellectual Property Law Questions Answered

View Original

What is the Texas Alternative Dispute Resolution Act?

The Texas Alternative Dispute Resolution Act (Texas Civil Practices and Remedies Code Section 154) sets forth the requirements in the State of Texas for referral by Texas courts of disputes to alternative dispute resolution procedures (ADR).  The Act addresses ADR procedures such as:

  • A policy that encourages peaceable resolution of disputes, with special consideration to the early settlement of pending litigation through voluntary settlement procedures;

  • Setting forth a process by which disputes may be referred to ADR through order of the court or upon a motion by the parties to the dispute; 

  • Different forms of ADR recognized within the State Texas, including mediation, arbitration, mini-trial, moderated settlement conference, and summary jury trial;

  • Establishing qualifications needed within the State of Texas to qualify for an ADR appointment as a neutral or impartial third party;

  • The standards for appointment, compensation, and duties of impartial third parties for ADR; and

  • Confidentiality safeguards for ADR procedures.  

View the full text of the Texas Alternative Dispute Resolution Act.