Additional Information
Whenever two or more people come together there are bound to be disagreements among them. In the early days of our legal system, the dispute was taken either to the King for a determination (which started the law courts) or to one of his Chancellors if it involved a matter of conscience (which started the maxims of equity). In recent years, as the Courts became crowded and the cost to resolve dispute rose, people turned to another approach to resolving disputes. For many decades, businesses have relied on arbitration to resolve their disputes. In arbitration, either a single umpire or a panel of three persons hears the argument and evidence of the parties and renders a decision that is binding. Since the parties were free to craft whatever rules and procedures they desired by way of their contract, the arbitration process was seen as faster and less expensive. Generally the person or persons deciding the dispute were familiar with the particular business involved. Arbitration remains a viable form of dispute resolution and is favored by the federal courts. Arbitration is available to anyone. Most consumer contracts today include arbitration provisions, though the consumer is generally unaware of this. We have experience in the arbitration process having successfully participated on behalf of clients, and challenging the applicability of arbitration provisions to specific transactions.
Most people involved in litigation in Texas are confronted with another type of alternative dispute resolution – mediation. Almost all cases in the large counties in Texas go to mediation before trial. In mediation, a neutral party hears the position of the parties and attempts to facilitate an agreement to resolve the dispute. Unlike arbitration, the mediator does not make a binding decision, or any decision at all. It remains the decision of the parties whether to settle their dispute. The mediator reports to the Court only that the case did, or did not settle. The process is confidential and cannot be used against a party if the case does not settle. The vast majority of cases that go to mediation settle. We have substantial experience in the mediation process both as advocates as parties and in service as the mediator of disputes.
Texas law also provides other forms of alternative dispute resolution which we can pick at appropriate points in the dispute process to facilitate the resolution of the matter. We welcome the opportunity to review these with you.