Alternative Dispute Resolution Section of the State Bar of Texas

by Camille Milner. Many lawyers went to law school with the idea that they would help people, but find out that law typically uses a zero-sum method of conflict resolution. Collaborative law, used most frequently in divorce cases, offers a different way to resolve conflicts. But executing Collaborative cases successfully requires paradigm shifts from clients, lawyers, and other professionals involved. Clients need to shift from expecting lawyers to fight for them in an adversarial way, to taking ownership of their case and their lives. They must learn how to negotiate for themselves to reach their agreement with the support of the Collaborative team. Camille Milner delves into the details of the Collaborative process, and the various models that attorneys can use in Collaborative divorce cases. Full Chapter Here

by Suzanne Schwartz. Conflicts over environmental preservation and development of resources show no sign of abating. Environmental conflict resolution (ECR) began in 1974, when it was used to settle the seemingly intractable disputes over the Snoqualmie River dam in Washington. Statutory and organizational infrastructures now support ECR. This chapter helps to understanding why and when to use ECR, and principles and best practices for its use. Author Suzanne Schwartz takes a close look at conducting an ECR process. What internal and external assessments can help determine if a situation warrants use of ECR? Who should participate, and what should their roles be? What is important to process design, and what steps best build consensus? Schwartz covers all of these issues, plus the special issue of science in these collaborative processes. Two specific case studies will weave throughout the chapter to illustrate practical application of the principles described. Full Chapter Here

by Karey Barnes. and Gene Roberts. Colleges and universities today are home to at least three generations: Baby Boomers, Gen X, and Millennials. On the horizon is also iGen, or Gen Z. Plus, higher education is increasingly diverse. Naturally, the opportunities for conflict amongst such diverse populations are rife. One of the unique aspects of mediating in that environment is the opportunity to educate students, faculty, and staff that there are alternatives beyond going to the courthouse that can be used to resolve disputes. The authors offer data on their experiences with mediation, including breaking down the time it takes to mediate. In the end, parties feel heard, have learned a different way to resolve disputes, and costs are lower for both parties and the universities. Full Chapter Here

by Benjamin Davis. and Graham Ross. Technology is evolving and working its way further into our lives, including areas like dispute resolution. Amazon, eBay, and PayPal have been using online alternative dispute resolution for years. But now, online dispute resolution has expanded into business dispute mediation, among other areas. Benjamin Davis and Graham Ross take a look at the current issues around online dispute resolution. They also share the transcript of a mock online dispute resolution session, giving a window into one way the ADR profession is evolving, and what it might look like for practitioners and participants. Full Chapter Here

by Judge Frank Evans, Don Philbin, and Colin Rule. Conflict in human interactions is perennial. But our understanding of behavior in conflict is advancing and opening opportunities for the next generation of conflict resolvers. The authors take a look at two questions: How do we address growing pains in the practice of ADR? How will technology change both our understanding of how people make decisions, and the delivery of ADR? Full Chapter Here

by Hesha Abrams. Intellectual property disputes, especially those involving patents, offer some unique mediation challenges. The time frame for resolution, in particular, depends heavily on a few key crossroads in the case. Hesha Abrams shares insights on when those timing vortices appear, plus strategy to deal with corporate politics and optics of a deal. Full Chapter Here

by John Allen Chalk. Arbitration begins with a contract, but often does not end there. If one of the parties challenges the arbitration agreement, the court where the arbitration dispute lands must first address whether a valid arbitration agreement exists. If the answer is yes, then the court must assess whether the asserted claims are within the scope of the agreement. These two questions can both open the door for courts to decide that more is on the arbitration table than one, or both, of the parties thought. John Chalk walks through the issues that can arise. Full Chapter Here

by Trey Bergman. Mediation skills are key to a successful practice. But if no one knows about your fabulous skills, they won’t beat down your door to hire you. That’s where marketing comes in, of course. Trey Bergman outlines 7 habits of marketing that will help build a successful mediation practice. Full Chapter Here

by Hon. Guadalupe Rivera (Ret.). Mediation isn’t unheard of at the appellate level courts in Texas, but on the whole it’s used infrequently. Hon. Guadalupe Rivera (Ret.) digs through the data and shows which appellate courts make the most frequent use of ADR referrals, and details all the appellate courts’ policies on mediation. Full Chapter Here