By West                                               S.C.R. No. 20
         77R2960 JXC-D                           
                                CONCURRENT RESOLUTION
 1-1           WHEREAS, Child custody law is a complex process involving a
 1-2     number of distinct issues such as child custody agreements,
 1-3     visitation and access privileges for noncustodial parents, and
 1-4     child support obligations; while custody disputes generally entail
 1-5     competing or conflicting interests among the various parties
 1-6     involved, both the public policy and the law of this state require
 1-7     the judicial system to make the "best interest of the child" the
 1-8     primary consideration in its resolution of custody issues; and
 1-9           WHEREAS, The State of Texas recognizes that a child's best
1-10     interests, as well as those of the child's parents or guardians,
1-11     may be better served outside of the courtroom in a manner that also
1-12     improves court-time efficiency and expedites the process; in child
1-13     custody cases, alternatives to protracted litigation can preserve
1-14     the parent-child and parent-to-parent relationships and respond
1-15     more sensitively to the needs of the individuals involved; and
1-16           WHEREAS, Chapter 153 of the Family Code addresses this
1-17     concern and provides for alternative dispute resolution procedures,
1-18     such as arbitration and mediation, in cases affecting the
1-19     parent-child relationship; upon written agreement of involved
1-20     parties, the court may refer a case to arbitration or to mediation;
1-21     and
1-22           WHEREAS, Arbitration and mediation involve the participation
1-23     of a neutral third party in a closed and confidential proceeding,
1-24     offering an informal approach and the opportunity for all parties
 2-1     to participate directly in resolving the dispute, and giving a
 2-2     child a less traumatic and more personal experience than would be
 2-3     likely in a lengthy courtroom battle; and
 2-4           WHEREAS, Because alternative dispute resolution processes
 2-5     tend to be informal, quick, and flexible, they can produce earlier
 2-6     settlements that save time, money, and emotional expenditure, and
 2-7     they generally yield practical and creative agreements to the
 2-8     greater satisfaction of the parties involved; and
 2-9           WHEREAS, Although alternative dispute resolution processes
2-10     have been used across the state, and the early use of such
2-11     procedures has proven effective in preventing protracted court
2-12     battles, the Texas Senate Committee on Jurisprudence, in its 2000
2-13     interim report, recognizes that a greater effort can be made by
2-14     Texas courts to exercise the remedy of alternative dispute
2-15     resolution in child custody disputes; now, therefore, be it
2-16           RESOLVED, That the 77th Legislature of the State of Texas
2-17     hereby respectfully urge judges who hear family law cases to
2-18     increase use of alternative dispute resolution procedures in
2-19     resolving child custody disputes; and, be it further
2-20           RESOLVED, That the secretary of state forward official copies
2-21     of this resolution to the administrative director of the Office of
2-22     Court Administration of the Texas Judicial System and to the chair
2-23     of the Texas Judicial Council.