Daily Archives: March 7, 2019

dispute resolution
A lawsuit can be lengthy and stressful for both parties involved in a dispute. It can also be very expensive and in many cases, it is a no-win situation. Recognizing this reality, the state of Texas has legislated Alternative Dispute Resolutions. Alternative Dispute Resolutions will give two parties a venue to settle their dispute without the hassle and cost of full litigation. The basis for Alternative Dispute Resolution is the Texas Alternative Dispute Resolution Act of 1987. This act has made it public policy to pursue settlement before going to trial. There are different methods of resolve disputes under the law, as practiced in the district of Southern Texas: Early Neutral Evaluation Early Neutral Evaluation involves a private meeting of both parties and their attorneys along with a neutral third party.  The attorneys present their positions in the case and the third party gives a non-binding assessment with regards to the merits of both sides. In most of these meetings, the evaluator is usually in an attorney with expertise in the issue of dispute. The key here is that his evaluation is not binding, and oftentimes, he can also provide advice to both sides on how to proceed with their respective positions. In most early neutral evaluations, a settlement is not reached. Mediation Mediation is an informal, confidential session between both parties. This can be held prior or during the litigation proceeding. There will be a third party mediator agreed upon by both sides. Similar to the evaluator, the mediator can also point out the strengths and weaknesses of both parties. This can be done in front of both parties or even individually. As opposed to early neutral evaluation, the mediator will clearly seek to reach a settlement. Mini-Trial A mini-trial is court-based, and this time, the third party consists […]

Alternative Dispute Resolution in Texas