Texas
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Texas. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Texas can be found in RSI’s Research Library and in Reports below.
State Legislation
- Texas Code of Criminal Procedure Title 1, Chapter 5, Article 5.08: Mediation in Family Violence Cases
- Texas Code of Criminal Procedure Title 1, Chapter 26: Arraignment
- Texas Code of Criminal Procedure Title 1, Chapter 56, Article 56.13: Victim-Offender Mediation
- Texas Civil Practice and Remedies Code Title 7, Chapter 151: Trial by Special Judge
- Texas Civil Practice and Remedies Code Title 7, Chapter 152: Alternative Dispute Resolution System Established by Counties
- Texas Civil Practice and Remedies Code Title 7, Chapter 154: Alternative Dispute Resolution Procedures
- Texas Civil Practice and Remedies Code Title 7, Chapter 171: General Arbitration
- Texas Family Code Title 1, Chapter 1, Subchapter G: Alternative Dispute Resolution
- Texas Family Code Title 5, Chapter 107: Special Appointments and Social Studies
- Texas Family Code Title 5, Chapter 153: Conservatorship, Possession, and Access
- Texas Family Code Title 5, Chapter 203: Domestic Relations Offices
- Texas Government Code Title 2, Chapter 27, Section 27.034(c): Alternative Dispute Resolution
- Texas Government Code Title 2, Chapter 30, Section 30.00084: Municipal Courts of Record
- Texas Government Code Title 2, Chapter 81, Section 81.072(e): Voluntary Mediation Program
- Texas Government Code Title 2, Chapter 101: Filing Fees and Other Fees and Costs in Civil Proceedings
- Texas Civil Practice and Remedies Code Title 7, Chapter 155: Settlement Weeks
Statewide Court ADR Rules and Policies
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Texas Government Code Title 2, Chapter 81, Section 81.072(e): Voluntary Mediation Program
Texas Legislature. Sep. 1, 2017Resource Type: Legislation
Abstract: This section states that the Texas state bar shall establish a voluntary mediation and dispute resolution procedure to "resolve any allegation of attorney misconduct" as well as "facilitate coordination with other programs administered by the state b...
Texas Government Code Title 2, Chapter 27, Section 27.034(c): Alternative Dispute Resolution
Texas Legislature. Sep. 1, 2017Resource Type: Legislation
Abstract: According to this statute, a justice of the peace may order alternative dispute resolution for deed restriction disputes. ...
Texas Family Code Title 5, Chapter 153: Conservatorship, Possession, and Access
Texas Legislature. Sep. 1, 2017Resource Type: Legislation
Abstract: Section 153.0071 of this chapter states that the court can refer a parent-child relationship suit to arbitration or mediation if a written agreement exists or, in the case of mediation, by the court's own motion. Section 153.0072 states that a child-...
Texas Government Code Title 2, Chapter 101: Filing Fees and Other Fees and Costs in Civil Proceedings
Texas Legislature. Sep. 1, 2017Resource Type: Legislation
Abstract: This chapter addresses fees in civil proceedings in the Texas Judicial Branch. A district or statutory county court clerk will collect fees "in certain civil cases to establish and maintain an alternative dispute resolution system, if authorized by t...
Texas Family Code Title 5, Chapter 107: Special Appointments and Social Studies
Texas Legislature. Sep. 1, 2017Resource Type: Legislation
Abstract: According to this chapter, guardians and attorneys ad litem, as well as amicus attorneys, have the duty to "encourage settlement and the use of alternative dispute resolution" for disputes involving the children they represent. Additionally, in suits...
Texas Code of Criminal Procedure Title 1, Chapter 5, Article 5.08: Mediation in Family Violence Cases
Texas Legislature. Jan. 1, 2017Resource Type: Legislation
Abstract: This article states that courts will not refer or order the victim or defendant of criminal prosecution cases arising from family violence to mediation, dispute resolution, arbitration or similar procedures. ...
Texas Family Code Title 5, Chapter 203: Domestic Relations Offices
Texas Legislature. Sep. 1, 2015Resource Type: Legislation
Abstract: This chapter states that domestic relations offices may "provide an informal forum in which alternative dispute resolution is used to resolve disputes under this code" and may charge a reasonable fee to provide those services. ...
Texas Code of Criminal Procedure Title 1, Chapter 26: Arraignment
Texas Legislature. Sep. 1, 2015Resource Type: Legislation
Abstract: This chapter states that the court "may assist the victim and the defendant in participating in a victim-offender mediation program" if the victim requests such action and if a guilty plea or plea of nolo contendere has not yet been accepted. ...
Texas Civil Practice and Remedies Code Title 7, Chapter 152: Alternative Dispute Resolution System Established by Counties
Texas Legislature. Jun. 17, 2011Resource Type: Legislation
Abstract: This statute states that the commissioners courts of each county may establish an alternative dispute resolution system to include mediation, conciliation or arbitration. The court may contract with nonprofit corporations, political subdivisions, a p...
Texas Family Code Title 1, Chapter 6, Subchapter G: Alternative Dispute Resolution
Texas Legislature. Jun. 17, 2011Resource Type: Legislation
Abstract: This subchapter addresses arbitration, mediation, collaborative law and informal settlement conferences in cases of marriage dissolution. The subchapter states that upon a written agreement from the parties, the court may refer them to arbitration fo...
Texas Civil Practice and Remedies Code Title 7, Chapter 151: Trial by Special Judge
Texas Legislature. Sep. 1, 2009Resource Type: Legislation
Abstract: This chapter states that a judge in a district, statutory probate or statutory county court may, upon party agreement, refer a civil or family case to trial by special judge. The chapter addresses qualifications and powers of the special judge, attor...
Texas Civil Practice and Remedies Code Title 7, Chapter 155: Settlement Weeks
Texas Legislature. Sep. 1, 2009Resource Type: Legislation
Abstract: This chapter states that any county with a population of 150,000 or above shall have a settlement week, during which district courts, constitutional and statutory county courts and the family law courts "will facilitate the voluntary settlement of ci...
Texas Civil Practice and Remedies Code Title 7, Chapter 154: Alternative Dispute Resolution Procedures
Texas Legislature. Jun. 19, 2009Resource Type: Legislation
Abstract: Under this chapter, a court may refer a case to alternative dispute resolution (ADR) in response to party's motion or a motion of the court. Alternative dispute resolution processes addressed in the chapter include: mediation, minitrial, moderated se...
Texas Code of Criminal Procedure Title 1, Chapter 56, Article 56.13:Victim-Offender Mediation
Texas Legislature. Sep. 1, 2001Resource Type: Legislation
Abstract: This article states that the Texas Department of Criminal Justice victim services division will train volunteers to serve as mediators between victims, guardians of victims and close relatives of deceased victims and offenders in cases of bodily inju...
Texas Government Code Title 2, Chapter 30, Section 30.00084: Municipal Courts of Record
Texas Legislature. Sep. 1, 1999Resource Type: Legislation
Abstract: This section states that a municipal judge may, with party approval, order a defendant and victim or complainant to mediation or alternative dispute resolution to be paid for by the city. ...
Texas Civil Practice and Remedies Code Title 7, Chapter 171: General Arbitration
Texas Legislature. Sep. 1, 1997Resource Type: Legislation
Abstract: This statute addresses arbitration in cases where there is a written agreement and the conflict occurs either at the time of or after the date of the agreement. Parties may only revoke an agreement "on a ground that exists at law or in equity for the...
Rules
Supreme Court of Texas Ethical Guidelines for Mediators
Supreme Court of Texas. Jun. 1, 2011Resource Type: Guidelines
Abstract: These guidelines are intended to promote public confidence in the mediation process and serve as a general guide for mediator conduct. The guidelines provide general rules of mediator conduct involving the use of information gained during mediation, ...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Long-Term Outcomes of Child Protection Mediation on Permanency for Children in Foster Care
Madden, Elissa Eichel. Dissertation, University of Texas at Austin, Aug. 1, 2010Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: For this comparative study of the effect of mediation on the time it takes to achieve a permanent placement for children in care, the author matched 315 cases in Texas that went through mediation to 315 that did not. She found that slightly more chil...
Child Protection Mediation in Texas: Past, Present and Future
Bryant, Cynthia. Mar. 10, 2001Resource Type: Report
Abstract: Child protection mediation began as a pilot project in Texas. The success of the pilot led to implementation across most of the state. The University of Texas Law School Mediation Clinic conducted a survey of judges, attorneys and mediators in an eff...
Report on the Implementation of the Children's Justice Act Mediation Pilot Projects, 2003-2005
Nasworthy, Carol; Tarver, Tracy. Jan. 1, 2006Resource Type: Evaluation
Abstract: This study examines the implementation and success of Child Protection Services mediation programs in four counties throughout Texas from 2003 to 2005. Programs in the South Texas Cluster Court and the North East Texas Foster Care Docket, both of whi...
Victim Offender Dialogue in Crimes of Severe Violence: A Multi-Site Study of Programs in Texas and Ohio
Umbreit, Mark S., et al.. Dec. 1, 2002Resource Type: Study
Abstract: This study examines statewide victim offender dialogue programs to provide victims of severe violence the opportunity to meet the offender should the offender agree. For the study, 79 interviews were conducted - 40 with victims or family survivors, 3...
Report on the Implementation of the Children's Justice Act Mediation Pilot Projects, 2002
Nasworthy, Carol; Tarver, Tracy. Jan. 1, 2002Resource Type: Evaluation
Abstract: This study examines the implementation and success of Child Protection Services mediation programs in five counties around Texas during 2002. Programs in the South Texas Cluster Court and the North East Texas Foster Care Docket, both of which cover m...
Report on the Implementation of the Children's Justice Act Mediation Pilot Projects, 2001
Nasworthy, Carol; Tarver, Tracy. Jan. 1, 2001Resource Type: Evaluation
Abstract: This study examines the implementation and success of five different Child Protection Services mediation programs in counties around Texas during 2001. Survey data was collected from judges, mediators, staff and mediation participants to determine t...
Report on the Implementation of the Children's Justice Act Mediation Pilot Projects, 2000
Nasworthy, Carol; Tarver, Tracy. Nov. 1, 2000Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: This study examines the implementation and outcomes of Child Protection Services mediation programs in 12 counties around Texas. Survey data was collected from judges, mediators, staff, and mediation participants to determine the settlement rate and ...
An Evaluation of Mediation and Early Neutral Evaluation Under the Civil Justice Reform Act
Kakalik, James S.. Jan. 1, 1996Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: Examines the implementation, costs, and effects of mediation and early neutral evaluation programs for civil cases in six federal district courts with CRJA pilot programs. The districts studied were: California (Southern), New York (Eastern), New Yor...
Victim Offender Mediation: An Analysis of Programs in Four States of the U.S.
Umbreit, Mark S.; Coates, Robert B.. Jan. 1, 1992Resource Type: Report
Resource Type: Mediation Efficacy Study
Abstract: This report evaluates existing victim offender programs in the U.S. It studied juvenile courts in Albuquerque (NM), Austin (TX), Minneapolis and St. Paul (MN), and Oakland (CA), in terms of the mediation process and outcomes, client satisfaction, per...
Contacts
A.A. White Dispute Resolution Institute
Resource Type: Organization
Abstract: This organization is part of the University of Houston College of Business Administration. Its purpose is to promote greater understanding of conflict resolution and its impact in society and to encourage expansion of the field. The Center states th...
Texas Mediator Credentialing Association
Resource Type: Organization
Abstract: The Texas Mediator Credentialing Association is a non-profit organization that offers voluntary credentialing to all mediators in Texas who qualify and maintains a list of mediators who have been granted such credentials. Its Code of Ethics and Stand...
University of Texas at Austin Center for Public Policy Dispute Resolution
Resource Type: Organization
Abstract: "The Center is a resource to governmental agencies, courts and practitioners for the planning, design and implementation of ADR processes and to the private sector regarding disputes having an impact on public policy." The center also offers training...
State Bar of Texas Alternative Dispute Resolution Section
Resource Type: Organization
Abstract: The section's website features information regarding Texas ADR legislation, Texas training standards for ADR trainers, ADR Section Ethical Guidelines for Third-Party Neutrals, ADR articles, ADR case law updates and internet links to other ADR organiz...
Center for Dispute Resolution and Conflict Management, Southern Methodist University Annette Caldwell Simmons School of Education and Human Development
Center for Dispute Resolution and Conflict Management.Resource Type: Organization
Abstract: The Center for Dispute Resolution and Conflict Management at the Southern Methodist University Annette Caldwell Simmons School of Education and Human Development provides mediation, arbitration and other conflict resolution services. The program offe...