Alternative Dispute Resolution (ADR)
What is ADR, Why Use it, and How You Can Benefit From it.
Conducting Arbitration and Mediation in Texas
Alternative Dispute Resolution (ADR) refers to processes that use an impartial third party who helps people communicate and collaborate to address tough issues, make decisions, or resolve conflict. The use of ADR can save money by reducing expensive litigation costs and promoting a more efficient and durable resolution of conflicts. Some ADR processes are used solely to foster better understanding or information sharing. When individuals seek resolution, ADR most often takes the form of mediation or arbitration. In Texas, we have a statute that provides certain requirements for court-referred ADR: see Chapter 154 of the Texas Civil Practice and Remedies Code.
Alternative Dispute Resolution (ADR) refers to processes that use an impartial third-party who helps people communicate and collaborate to address tough issues, make decisions or resolve conflict.
Mediation
Mediation is a process of communication in which persons with a dispute, assisted by a mediator, reach an agreement, understanding, or reconciliation.
Mediators are facilitators; they are there to assist disputants who make their own decisions about the resolution of their conflict.
Mediators are neutral parties and impartial to the disputants and the outcome. As such, mediators are ethically bound not to impose an outcome or decision on either side.
For more about what mediators do, read our article “What is Mediation” and, if you’re interested in becoming a mediator, have a look at our step-by-step guide showing how to become a certified mediator in Texas. The only requirement for certification (in most states, Texas included – check your state’s ADR statute for more information) is a one-time, 40-Hour class that you can complete from the comfort of your home.
Common Mediation Myths
Cost of becoming a Certified Mediator in the State of Texas
To qualify as a mediator in Texas, a person must have completed a minimum of 40 classroom hours of training in dispute resolution techniques from a court-appointed dispute resolution system or organization (Texas Mediator Training Roundtable – List of court-approved dispute resolution courses for Texas). Our 40-Hour, Online Basic Mediation Class satisfies these requirements and costs $999. Discounted rates for veterans, teachers, and first-responders.
Mediation Classes
What is Arbitration?
The arbitrator is a decision-maker; whereas the mediator is not.
Arbitration is generally less formal than a court proceeding, though the parties may present evidence, or call and question witnesses. Unlike a mediator, the arbitrator renders a decision or award once the case is presented. Arbitration can be voluntary or mandatory and can be either binding or non-binding.
Most arbitrations stem from an arbitration clause in a contract, in which the parties have agreed to resolve any disputes through arbitration. Arbitration clauses can be simple – basically stating that claims will be settled according to applicable arbitration rules and then enforced by a local court. However, they can also be more complex, governing a significant number of matters, such as how arbitrators will be selected, the location of the arbitration, who will be responsible for attorney’s fees, and if the final arbitration award must be kept confidential.
Arbitration clauses are found in all types of agreements such as employment and consumer contracts, autos sales, credit cards, home repairs, and insurance. These arbitration clauses require that disputes arising out of contracts and transactions be resolved through arbitration.
As independent arbitrators, Mediators and Arbitrators of America can help you minimize costs and expedite the arbitration process. Mediators of Texas follows applicable American Arbitration Association (“AAA”) arbitration rules and procedures.
How much does it Cost to Become an Arbitrator in Texas?
We offer Arbitration training that meets The State of Texas requirements for $800. (Discounted rates for veterans, teachers, first-responders)
Additional Information:
Interested in becoming an Arbitrator?
Our Arbitration Courses and Advanced Arbitration Courses will give you the tools you need to successfully become a professional Arbitrator.
See all upcoming classes here
Arbitration Classes
Looking for Mediation / Arbitration services? Our professional mediators and arbitrators have the skills and experience needed to handle any dispute, big or small. Find out more about hiring one of our professionals and the services we provide here.
Have more questions?
Here’s an article medium.com wrote describing alternative dispute resolution that offers a casual look inside the world of mediation and arbitration.