By:  Henderson                                        S.C.R. No. 43
       73R6357 PAN-D
                                 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, This group of specialists could be of invaluable
    2-9  service in providing technical support and advisory assistance to
   2-10  the legislature in its consideration of legislative proposals that
   2-11  could affect alternative dispute resolution in Texas; now,
   2-12  therefore, be it
   2-13        RESOLVED,  That the 73rd Legislature of the State of Texas
   2-14  hereby formally request the Council of the Alternative Dispute
   2-15  Resolution Section of the State Bar of Texas to provide advisory
   2-16  assistance to the Senate Committee on Jurisprudence and the House
   2-17  Committee on Judicial Affairs on request; and, be it further
   2-18        RESOLVED,  That an official copy of this resolution be
   2-19  prepared for the Alternative Dispute Resolution Section of the
   2-20  State Bar of Texas as a formal expression of an intention to seek
   2-21  advisory assistance from the council if needed by the Legislature
   2-22  of the State of Texas.