Alternative Dispute Resolution (ADR) generally refers to a closed, confidential proceeding in which a neutral third party facilitates the resolution of a dispute. ADR may be used in a variety of disputes a few of which include civil law suits, busines and contract disputes, employment grievances, peer review in schools, and administrative disputes before governmental bodies.
The three major methods of ADR are negotiation, mediation, and arbitration. Negotiation is the ADR method used whereby the parties themselves to settle a dispute. This method process and resolution are controlled by the parties to the dispute. Mediation is the ADR method used whereby a neutral third party (the mediator) directs and facilitates the mediation process. The mediator is not a decision-maker and has no opinion or interest in the dispute or its outcome. Arbitration is the ADR method used whereby the neutral third party or parties (the arbitrator or arbitration panel) listens to brief presentations of the cases of the respective "sides" to the dispute and renders a decision.
Lawyers are obligated to assist clients in evaluating and preparing settlement options, including ADR. Attorneys prepare for and participate with clients in ADR procedures. If no settlement is reached, the attorney may try to settle the dispute in court.
Formbook sets are multi-volume sets of books that are either dedicated to providing Texas forms or contain a wide variety of sample forms. They do not focus on a single subject, but discuss many different aspects of Texas law.
The ADR Council is the 18-member governing body of the State Baw ADR Section. The Council provides program and policy leadership for approximately 1200 attorney and non-attorney Section members across the state. The purpose of the ADR Section is to "promote the use and quality of ADR in Texas."
The Council is involved in a variety of activities and committees. Although specific activities and priorities change each year, Council members typically focus on such areas as continuing education, the Section newsletter, ADR legislation, arbitration, mediation, credentialing, rural outreach, and school mediation programs.
Council members are asked to attend each of the 5 to 6 Council meetings and two Section meetings annually. In addition, members are asked to spend approximately six hours in Council activities or committee work between meetings. Council member terms are generally for three years.
No. The ADR Section is the only section of the State Bar to have members who are not attorneys. Three positions on the 18-member ADR Council are reserved for non-attorney members.
Funds for the Section are raised through Section membership dues, training programs, and sale of publications. Council members are reimbursed for travel expenses associated with each Council meeting, pursuant to State Bar guidelines.