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Mediation and Alternative Dispute Resolution Procedures
It is the policy of Texas courts 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.
Mediation is the most commonly used method of alternative dispute resolution in family law matters. Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. A mediator may not substitute his or her own judgment on the issues for that of the parties
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. In so doing, the court must confer with the parties in determining the most appropriate alternative dispute resolution procedure. If a party objects and the court finds that there is a reasonable basis for the party's timely filed objection, the court may not refer the dispute.
A person appointed to facilitate an alternative dispute resolution procedure must encourage and assist the parties in reaching a settlement of their dispute, but the person may not compel or coerce the parties into entering a settlement agreement.
The impartial third party must at all times maintain confidentiality with respect to communications relating to the subject matter of the dispute. Absent permission to disclose from the disclosing party, the impartial third party may not disclose to either party information given in confidence by the other party. In fact, 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.
Additionally, any record made at an alternative dispute resolution procedure is confidential, and neither the participants nor the third party facilitating the procedure may 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.
If a settlement agreement is reached by the parties, the court in its discretion may incorporate the terms of the agreement in the court's final decree disposing of the case. A settlement agreement does not affect an outstanding court order unless the terms of the agreement are incorporated into a subsequent decree.
Methods of Alternative Dispute Resolution
Mediation
Collaborative Law Procedures
On written agreement of the parties and their attorneys, a dissolution of marriage proceeding or a suit affecting the parent-child relationship may be conducted under collaborative law procedures. ``Collaborative law'' is a procedure in which the parties and their counsel agree in writing to use their best efforts and make a good faith attempt to resolve their dissolution of marriage dispute or the suit affecting the parent-child relationship on an agreed basis without resorting to judicial intervention except to have the court approve the settlement agreement, make the legal pronouncements, and sign the orders required by law to effectuate the agreement of the parties as the court determines appropriate.
The parties' counsel may not serve as litigation counsel except to ask the court to approve the settlement agreement. A collaborative law agreement must include provisions for:
- Full and candid exchange of information between the parties and their attorneys as necessary to make a proper evaluation of the case;
- Suspending court intervention in the dispute while the parties are using collaborative law procedures;
- Hiring experts, as jointly agreed, to be used in the procedure;
- Withdrawal of all counsel involved in the collaborative law procedure if the collaborative law procedure does not result in settlement of the dispute; and
- Other provisions as agreed to by the parties consistent with a good faith effort to collaboratively settle the matter.
During the first two years after the suit was filed, a court that is notified 30 days before trial that the parties are using collaborative law procedures to attempt to settle a dispute may not, until a party notifies the court that the collaborative law procedures did not result in a settlement:
- Set a hearing or trial in the case;
- Impose discovery deadlines;
- Require compliance with scheduling orders; or
- Dismiss the case.
If the collaborative law procedures result in a settlement, the parties must notify the court. If the collaborative law procedures do not result in a settlement, the parties must file:
- A status report with the court not later than the 180th day after the date of the written agreement to use the procedures; and
- A status report on or before the first anniversary of the date of the written agreement to use the procedures, accompanied by a motion for continuance that the court must grant if the status report indicates the desire of the parties to continue to use collaborative law procedures.
If the collaborative law procedures do not result in a settlement on or before the second anniversary of the date that the suit was filed, the court may [ Fam. C. §§ 6.603(g)[Fam.C. Annotations], 153.0072(g)[Fam.C. Annotations] ]:
- Set the suit for trial on the regular docket; or
- Dismiss the suit without prejudice.
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