By: West S.C.R. No. 20 1-1 SENATE CONCURRENT RESOLUTION 1-2 WHEREAS, Child custody law is a complex process involving a 1-3 number of distinct issues such as child custody agreements, 1-4 visitation and access privileges for noncustodial parents, and 1-5 child support obligations; while custody disputes generally entail 1-6 competing or conflicting interests among the various parties 1-7 involved, both the public policy and the law of this state require 1-8 the judicial system to make the "best interest of the child" the 1-9 primary consideration in its resolution of custody issues; and 1-10 WHEREAS, The State of Texas recognizes that a child's best 1-11 interests, as well as those of the child's parents or guardians, 1-12 may be better served outside of the courtroom in a manner that also 1-13 improves court-time efficiency and expedites the process; in child 1-14 custody cases, except in certain cases involving domestic violence 1-15 or abuse, alternatives to protracted litigation can preserve the 1-16 parent-child and parent-to-parent relationships and respond more 1-17 sensitively to the needs of the individuals involved; and 1-18 WHEREAS, Chapter 153 of the Family Code addresses this 1-19 concern and provides for alternative dispute resolution procedures, 1-20 such as arbitration and mediation, in cases affecting the 1-21 parent-child relationship; upon written agreement of involved 1-22 parties, the court may refer a case to arbitration or to mediation; 1-23 and 1-24 WHEREAS, Arbitration and mediation involve the participation 2-1 of a neutral third party in a closed and confidential proceeding, 2-2 offering an informal approach and the opportunity for all parties 2-3 to participate directly in resolving the dispute, and giving a 2-4 child a less traumatic and more personal experience than would be 2-5 likely in a lengthy courtroom battle; and 2-6 WHEREAS, Because alternative dispute resolution processes 2-7 tend to be informal, quick, and flexible, they can produce earlier 2-8 settlements that save time, money, and emotional expenditure, and 2-9 they generally yield practical and creative agreements to the 2-10 greater satisfaction of the parties involved; and 2-11 WHEREAS, Although alternative dispute resolution processes 2-12 have been used across the state, and the early use of such 2-13 procedures has proven effective in preventing protracted court 2-14 battles, the Texas Senate Committee on Jurisprudence, in its 2000 2-15 interim report, recognizes that a greater effort can be made by 2-16 Texas courts to exercise the remedy of alternative dispute 2-17 resolution in child custody disputes; now, therefore, be it 2-18 RESOLVED, That the 77th Legislature of the State of Texas 2-19 hereby respectfully urge judges who hear family law cases to 2-20 increase use of alternative dispute resolution procedures in 2-21 resolving child custody disputes; and, be it further 2-22 RESOLVED, That the secretary of state forward official copies 2-23 of this resolution to the administrative director of the Office of 2-24 Court Administration of the Texas Judicial System and to the chair 2-25 of the Texas Judicial Council.