Alternative Dispute Resolution in Texas
Feb. 11, 2022
Are you involved in a dispute in or near Dallas, Texas, and looking for an alternative to going to court? I am ready to help. My law firm has helped individuals embroiled in disputes for more than three decades. I have dedicated my career to protecting the legal interests of everyday people as well as businesses. My Dallas, Texas practice focuses on business law, litigation, and bankruptcy.
Whether you are looking for an alternative resolution for a dispute such as mediation or considering conventional litigation before a jury or a non-jury trial, speaking with an attorney with experience in alternative dispute resolution methods is your best option. Here is a quick look at the different options for resolving disputes. If you are involved in any type of disagreement, you owe it to yourself to consider the merits of these litigation alternatives.
What is Alternative Dispute Resolution (ADR)?
ADR is a unique approach to resolving disputes through techniques and processes guided by a neutral third party. According to the United States Department of Justice, 75% of voluntary ADR proceedings are resolved. If you disagree with another party and cannot reach an agreement but want to avoid litigation, ADR is worth considering. ADR provides a timely, affordable, and flexible solution to disputes.
Texas Alternative Dispute Resolution Procedures Act
The Texas Alternative Dispute Resolution Procedures Act has served as an essential guiding legal framework to resolve disputes outside of a court of law. Enacted in 1987, this Act encourages the timely resolution of litigation with the use of voluntary procedures that pave the way toward a settlement. The law details procedures that facilitate such timely settlements while safeguarding client protections and rights.
The law also allows for alternative dispute resolution procedures to be used prior to the point at which a lawsuit is filed. However, alternative dispute resolution procedures performed under the law mandate client participation. It must be noted that alternative dispute resolution procedures conducted within the framework of the law are nonbinding. In short, alternative dispute resolution conducted under the law allows for a resolution that does not require a jury.
Mediation is the process through which a specially trained facilitator is relied upon to help resolve a dispute. This facilitator deals with the challenges posed by communicating concerns and guides the parties toward a fair decision that brings closure to the dispute.
The mediator helps the sides exchange information and reach a mutually beneficial solution. The mediator does not issue any decision or evaluate the case in any way. This facilitator also sets up procedures that permit each side to make their statements. Mediation sessions are attended by clients and attorneys. Some mediation sessions last hours while others require several days to reach a resolution.
Arbitration resolves disputes without resorting to judiciary courts. This approach to resolving disputes is decided by one or several individuals who make a decision that takes the form of an arbitration award. The completely independent and unbiased third-party arbitrator is objective, meaning they will be fair to both parties. The arbitrator’s decision is binding, meaning it cannot be changed.
The first step of arbitration is the initial filing and initiation, in which a party files a demand for arbitration. The arbitrator is then selected by the parties involved in the dispute. A preliminary hearing occurs in which the parties meet to go over the issues that are primary to the case. Information is exchanged and the arbitrator addresses potential challenges.
The next step is the hearing in which the parties involved in the dispute present testimony and evidence in front of the arbitrator. There is also the potential for the submission of post-hearing submissions, in which additional information is presented before the arbitrator. The arbitrator then provides the award and closes the dispute.
Med-arb is a procedure in which the parties involved in a dispute rely on mediation to end the dispute. Med-arb is conducted with a mutual understanding that the failure to resolve the dispute during mediation will lead to binding arbitration, with the individual who initially acted as the mediator. That prior mediator now acts as arbitrator.
Work with a Skilled Alternative
Dispute Resolution Attorney
My Dallas, Texas law firm is here to help resolve your dispute in a civil and fair manner. I will invest the time and effort necessary to develop a comprehensive understanding of your case to help you determine whether alternative dispute resolution is best. Reach out to me at Uloth, P.C. today to find out more about alternative dispute resolution. If you are in or near Dallas, Addison, or Plano, schedule a consultation to get started.