Alternate Dispute Resolution Procedures

Fourteenth Court of Appeals

The Texas Alternative Dispute Resolution Procedures Act states it is the policy of this State to encourage the peaceable resolution of disputes and the early settlement of pending litigation through voluntary settlement procedures.

The Act provides the court may, sua sponte, or on the motion of either party, refer a pending case to alternative dispute resolution (ADR).

The goals of ADR are: (1) to increase party participation in, and satisfaction with, the judicial system; (2) to provide an alternate forum for readily accessible, fair, and appropriate means to resolve disputes; (3) to reduce the time and costs of litigation; and (4) to ease the court's heavy docket.

Procedures:

1. Appellant must complete and file this court's docketing statement within 15 days of the date of the 32.1 notice letter from our court. Within that docketing statement is a mediation section. Appellant must answer every question within the mediation section. Appellee must complete the mediation docketing statement or the docketing statement within 15 days of the date of the 32.1 notice letter from our court.
2. Once the completed docketing statement and the mediation docketing statement are returned, the court promptly reviews them to determine whether the case should be referred to mediation. Failure to complete and file the statements is considered an agreement to attend mediation.
3. If the case is referred to mediation, the court notifies the parties by order.
4. If the case is not referred to mediation, the case continues along the normal appellate track.
5. Any party may file a written objection to the ADR referral order within 10 days of the date of the order. Any objection not filed within 10 days will be overruled.
6. The court shall review the objection and make a ruling within 10 days after its receipt. If the court finds a reasonable basis for the objection, it will sustain the objection and withdraw the mediation order.
7. The parties must agree on a mediator or, if they are unable to agree, must each submit the name of two acceptable mediators within 10 days of the date of the mediation or within 10 days of the date any objection is overruled by the court. When the parties cannot agree, the court will randomly select a mediator from the names submitted by the parties.
8. Once a mediator is chosen, the court will notify the mediator by letter. Attached to the letter will be a copy of the mediation order and a blank mediator's report.
9. Mediation shall be conducted within 60 days of entry of the order of referral. The court may extend or change this time period at the request of a party, so long as the change does not delay administration of the court.
10. The appellate time table shall be suspended for 60 days from the date the order of referral is entered.
11. The mediator must file his or her report with the court within 48 hours of the completion of mediation.
12. Upon settlement, the parties must file a dispositive motion within 10 days of the date mediation successfully concludes.
13. Failure to comply with any provisions of the court's mediation order may result in sanctions, including contempt and/or dismissal.

Standards for Mediators:

1. Mediators must have completed at least forty ADR training hours. For family law cases, mediators must have an additional twenty-four hours in childhood development, family law, and family dynamics.
2. The court expects mediators to comply with ethical guidelines adopted by the ADR Section of the State Bar of Texas.