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Family Law
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Alternate Dispute Resolution
(Arbitration)
Arbitration
In the arbitration process, the arbitrator listens to a typically adversarial presentation of all sides of the case and then renders a decision (usually call “an award”).
Arbitration awards may be binding on the parties if they have so agreed in advance.
Arbitrations are usually conducted by either a sole arbitrator or a panel of three
arbitrators. Arbitration is described in Texas Civil Practices and
Remedy Code §154.027.
Summary Jury Trial
During the summary jury trial, the attorneys present an abbreviated version of their evidence to an advisory jury selected from the regular jury pool. The jury, after deliberation, returns a non-binding, advisory verdict. The parties and their attorneys then poll and question the jurors. The information gained from this process is to be used as a basis for further settlement negotiations. The summary jury trial is used when the parties believe that a preview of what a jury may do would help them evaluate the case. Summary jury trial is described in
Texas Civil Practices and Remedy Code §154.026.
Mini-trial
The mini-trial is an alternative dispute resolution process in which the attorneys and parties meet with a neutral third party and each side presents its best case. Negotiations by the parties, usually without the attorneys present, follows; if this negotiation is unsuccessful, the neutral party provides an advisory opinion about the merits of the case. This opinion is non-binding unless the parties agree that it is binding and enter into a written settlement agreement. A primary basis for settlement is often the parties’ desire to resolve the dispute without protracted litigation, thereby preserving their business relationship. The mini-trial is described in
Texas Civil Practices and Remedy Code §154.024.
Moderated Settlement Conference
The moderated settlement conference uses a panel of mutual, experienced attorneys who listen to a presentation of factual and legal arguments by counsel for each party. The panel then questions the attorneys and the clients, who are present throughout the entire process. After deliberation, the panel renders a confidential advisory evaluation of the strengths and weaknesses of the case and often provides a dollar or percentage range for settlement. The evaluation is not binding on the parties and is used as a basis for further settlement negotiations. The moderated settlement conference is described in
Texas Civil Practices and Remedy Code §154.025.
All five alternative dispute resolution methods are available for use in all civil cases, including family law cases under the Texas Civil Practice and Remedies Code. Only mediation and arbitration are mentioned in the Family Code, however, and they seem to be used exclusively by family law practitioners.
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