By Goodman H.B. No. 1363 77R5822 DAK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the mediation of certain disputes by collaborative law 1-3 procedures. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 154.002, Civil Practice and Remedies 1-6 Code, is amended to read as follows: 1-7 Sec. 154.002. POLICY. (a) It is the policy of this state to 1-8 encourage the peaceable resolution of disputes, with special 1-9 consideration given to disputes involving the parent-child 1-10 relationship, including the mediation of issues involving 1-11 conservatorship, possession, and support of children, and the early 1-12 settlement of pending litigation through voluntary settlement 1-13 procedures. 1-14 (b) It is the policy of this state to encourage the 1-15 peaceable resolution of disputes by means of collaborative law 1-16 procedures, with special consideration being given to disputes 1-17 under Titles 1 and 5, Family Code. 1-18 SECTION 2. Section 154.021, Civil Practice and Remedies 1-19 Code, is amended by adding Subsection (c) to read as follows: 1-20 (c) A court that is notified that the parties are using 1-21 collaborative law procedures to attempt to settle a dispute may not 1-22 set a hearing or trial in the case or dismiss the case until a 1-23 party notifies the court that the collaborative law procedures did 1-24 not result in a settlement. 2-1 SECTION 3. Subchapter B, Chapter 154, Civil Practice and 2-2 Remedies Code, is amended by adding Section 154.028 to read as 2-3 follows: 2-4 Sec. 154.028. COLLABORATIVE LAW PROCEDURES. (a) A 2-5 collaborative law procedure is conducted under a written agreement 2-6 of the parties and their lawyers. 2-7 (b) Collaborative law is a procedure in which the parties 2-8 and their counsel agree in writing to use their best efforts and 2-9 make a good faith attempt to resolve their disputes on an agreed 2-10 basis without resort to judicial intervention except to have the 2-11 court approve the settlement agreement, make the legal 2-12 pronouncements, and sign the orders required by law to effectuate 2-13 the agreement of the parties as the court determines appropriate. 2-14 The parties' counsel may not serve as litigation counsel except to 2-15 ask the court to approve the settlement agreement. 2-16 (c) A collaborative law agreement must include provisions 2-17 for: 2-18 (1) full and candid exchange of information between 2-19 the parties and their attorneys as necessary to make a proper 2-20 evaluation of the case; 2-21 (2) suspending court intervention in the dispute while 2-22 the parties are using collaborative law procedures; 2-23 (3) jointly hiring experts to be used in the 2-24 procedure; 2-25 (4) any written settlement agreement to be binding and 2-26 enforceable on the same basis as a mediated settlement agreement, 2-27 as authorized under this chapter or other law; and 3-1 (5) withdrawal of all counsel involved in the 3-2 collaborative law procedure if the collaborative law procedure does 3-3 not result in settlement of the dispute. 3-4 (d) A collaborative law settlement agreement may not be 3-5 approved by a court: 3-6 (1) for a suit for dissolution of a marriage unless 3-7 the agreement complies with the mediation procedures under Section 3-8 6.602, Family Code; or 3-9 (2) for a suit affecting the parent-child relationship 3-10 unless the agreement complies with the mediation procedures under 3-11 Section 153.0071, Family Code. 3-12 SECTION 4. (a) This Act takes effect September 1, 2001. 3-13 (b) This Act applies only to an action commenced: 3-14 (1) on or after the effective date of this Act; or 3-15 (2) before the effective date of this Act if the trial 3-16 in the action has not begun before the effective date of this Act.