Management and Performance Review of County Government ...

Judicial and Public Safety Functions
Dispute Resolution
In 1983, the Texas Legislature passed the Civil Practices and Remedies Code
§152 which authorizes the county commissioners to “establish an alternative dispute
resolution system (ADRS) peaceable and expeditious resolution of citizen disputes” and
refer civil cases to that system as deemed appropriate by the judge. §152.004
authorizes the commissioners court to set a court cost in an amount of $10 or less to
fund an alternative dispute resolution system. In September 2005, this maximum fee will
be raised to $15 according to HB282.
In 1987, Civil Practices and Remedies Code §154 defined the state’s policy to
“encourage the peaceable resolution of disputes, with special consideration given to
disputes involving the parent-child relationship, including the mediation of issues
involving conservatorship, possession, and support of children, and the early settlement
of pending litigation through voluntary settlement procedures.” This statute lays out five
dispute resolution procedures to which a case can be referred: mediation, mini-trial,
moderated settlement conference, summary jury trial and arbitration. In addition, the
statute sets qualifications, standards & duties and compensation of impartial thirds.
As a result, in Texas, 17 dispute resolution centers have been established. The
majority of these are independent non-profit organizations, although two are county
departments, two are umbrellaed under universities and two are umbrellaed under the
local Council of Governments. Most of the centers contract with a single county,
although Amarillo, Conroe, Ft. Worth, Kerrville and Lubbock contract with multiple
counties. Only two offer free mediation services;the others provide a flat fee or sliding
scale fee, generally with a need-based waiver. Lubbock is the only center to charge an
hourly rate. See Exhibit 7-37 for a summary of dispute resolution centers in Texas.
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