S.C.R. No. 43 SENATE CONCURRENT RESOLUTION 1-1 WHEREAS, Alternatives to litigation have become a way both to 1-2 alleviate the strain on our judicial system and to achieve faster, 1-3 less costly, and more satisfactory resolution of many disputes; and 1-4 WHEREAS, To this end, the 68th Texas Legislature in 1983 1-5 authorized counties to create dispute resolution centers to serve 1-6 as an informal forum where mediation, conciliation, or arbitration 1-7 could be used to resolve disputes among individuals, including 1-8 those that have an ongoing relationship such as relatives, 1-9 neighbors, landlords and tenants, employees and employers, and 1-10 merchants and consumers; and 1-11 WHEREAS, Additional steps were taken in 1985 when the 1-12 legislature clarified the authority of trial courts to refer 1-13 appropriate cases to alternative dispute resolution procedures on 1-14 the motion of a party; and 1-15 WHEREAS, In September, 1991, the Lieutenant Governor of Texas 1-16 instructed the Senate Interim Committee on Jurisprudence to examine 1-17 alternative means of resolving disputes, including but not limited 1-18 to mediation and arbitration, and to make recommendations regarding 1-19 how alternative forms of dispute resolution could be used to the 1-20 benefit of all Texas citizens; and 1-21 WHEREAS, In its report to the 73rd Texas Legislature, the 1-22 Senate Interim Committee on Jurisprudence recommended the creation 1-23 of a multidisciplined task force to study and make recommendations 1-24 regarding a variety of significant issues that relate to the use of 2-1 alternative dispute resolution in Texas; and 2-2 WHEREAS, The Alternative Dispute Resolution Section of the 2-3 State Bar of Texas has a broad representation of dispute resolution 2-4 professionals within its membership of 1,300 individuals and is led 2-5 by an 18-member council that also is broadly based and 2-6 representative of the alternative dispute resolution community 2-7 throughout the state; and 2-8 WHEREAS, The dispute resolution centers (alternative dispute 2-9 resolution systems), created by Section 152.001, Civil Practice and 2-10 Remedies Code, for over a decade have provided uniform training, 2-11 delivery of alternative dispute resolution procedures, as defined 2-12 by Chapter 154, Civil Practice and Remedies Code; and collectively 2-13 represent over 1,500 active third-party neutrals who provide such 2-14 services to the largest and most diverse constituencies in Texas; 2-15 and 2-16 WHEREAS, These groups of specialists could be of invaluable 2-17 service in providing technical support and advisory assistance to 2-18 the legislature in its consideration of legislative proposals that 2-19 could affect alternative dispute resolution in Texas; now, 2-20 therefore, be it 2-21 RESOLVED, That the 73rd Legislature of the State of Texas 2-22 hereby formally request the Council of the Alternative Dispute 2-23 Resolution Section of the State Bar of Texas and the dispute 2-24 resolution centers (alternative dispute resolution systems) of 2-25 Texas to provide advisory assistance to the Senate Committee on 2-26 Jurisprudence and the House Committee on Judicial Affairs on 2-27 request; and, be it further 3-1 RESOLVED, That an official copy of this resolution be 3-2 prepared for each dispute resolution center and for the Alternative 3-3 Dispute Resolution Section of the State Bar of Texas as a formal 3-4 expression of an intention to seek advisory assistance from the 3-5 centers and council if needed by the Legislature of the State of 3-6 Texas.