Comments on: County aims for dispute resolution system

By: Mark Zuniga

Mark Zuniga — Tue, 08 Sep 2009 22:49:44 +0000

Lila, mediation is (typically) a one-day meeting between the parties and third party mediator. The mediator talks to all sides and tries to get them to reach a settlement. Some mediators are very nice; others twist arms. It depends on the mediator and the needs of the parties.

Mediation usually happens when most, if not all, of the discovery in the case has been completed. It is substantially cheaper, quicker and less emotionally devastating than trial. In family law cases, it allows the family to construct unique solutions to problems, like visitation with a parent who works on the weekends.

Mediation itself is widely accepted and uncontroversial. In this case, the opponents disliked using increased filing fees to pay for a nonprofit system for mediating low-fee cases.

To correct my friend Larry Rasco, state law will not require a dispute resolution center per se, but will require “settlement week,” where the courts will be have to facilitate mediation. The dispute resolution center would be the county’s tool for addressing settlement week.

By: Sean Batura

Sean Batura — Tue, 08 Sep 2009 21:36:26 +0000

Just to clarify, state law does not currently require counties to create DRCs. However, Chapter 155 under Title 7 of the Civil Practice and Remedies Code requires judges of each judicial district in counties with populations of over 150,000 to “facilitate the voluntary settlement of civil and family law cases” filed in district courts, constitutional and statutory county courts, and family law courts for a period of two weeks. Any lawyer approved by a judge could participate in a settlement week. The law allows the judges to expend public funds to “to carry out the purpose and intent of this chapter,” but some CTADR folks told me the mediators do pro bono work in connection with a settlement week. Commissioner Barton said it would be a couple years before the county is required to have settlement weeks. Bartkowski did tell commissioners court members that an ADR would help prepare the county for settlement weeks. Also, Chapter 155 does require judges during settlement week to “cooperate” with the director of an established DRC “to encourage participation and to develop public awareness of settlement weeks,” and allows judges to include DRC directors in committees created “to effectuate each settlement week.” The Chapter requires the administrative judge of each judicial district to create such a committee.

By: Larry Rasco

Larry Rasco — Tue, 08 Sep 2009 19:11:29 +0000

Most family law cases right now are settled through mediation. It is only when mediation fails that you have a contested hearing in a divorce.

Two things the article left out, or did not make clear. State law mandates that once a county reaches a population of 150,000, it has to have a dispute resolution center. Hays has reached that threshold. Many of the cases that go to these centers in other counties are the type cases that got to Justice of the Peace Courts, such as small claims, disputes between neighbors, landlord-tenant, that type thing.

By: Jesse To.

Jesse To. — Tue, 08 Sep 2009 19:00:38 +0000

So it’s like family court without the court. Sic the lawyers on each other without a judge or jury? That can’t go well.

By: Lila Knight

Lila Knight — Tue, 08 Sep 2009 13:07:19 +0000

I really must be getting old. I need someone to explain this mediation thing to me because I thought that was what attorneys were for in the first place. Now, in addition to an attorney, I need a professional mediator?

It does sound like it can save the county money. But then, there are lots of hints in this story that this new process will need more money – office space, cannot exist solely on fees and grants, etc. I think the county needs a very good accounting of this process during the first year.