HBA-DMH H.B. 1363 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1363 By: Goodman Civil Practices 2/20/2001 Introduced BACKGROUND AND PURPOSE Currently, different types of alternative dispute resolution procedures are encouraged to bring about a peaceable solution instead of litigation. Collaborative law, a new dispute resolution method, is being used primarily in family law cases where the costs of a court battle can be both personally and financially overwhelming. The collaborative law process offers parties the option to negotiate in good faith for a binding out-of-court settlement. The process is entirely voluntary and participation can be terminated at any time. The parties agree to a full exchange of records and to jointly hire experts. Any settlement is voluntary, but once a settlement is achieved, it is binding on the parties. If a settlement is not reached, the attorneys must withdraw and the parties will then employ trial counsel. House Bill 1363 includes the collaborative law process among other dispute resolution methods encouraged by the state. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1363 amends the Civil Practice and Remedies Code to provide that it is the policy of the state to encourage the peaceable resolution of disputes by means of collaborative law procedures, with special consideration being given to disputes involving the marriage relationship and the parent-child relationship. The bill provides that a collaborative law procedure is a specified process, conducted under written agreement of the parties and their counsel, to reach a settlement agreement with minimal judicial intervention. The bill sets forth provisions for what the agreement must include. The bill prohibits a court from approving a collaborative law settlement agreement for: _a suit for dissolution of a marriage unless the agreement complies with specified mediation procedures; or _a suit affecting the parent-child relationship unless the agreement complies with specified mediation procedures. A court that is notified of the use of collaborative law procedures to attempt to settle a dispute is prohibited from dismissing the case or setting a hearing or trial in the case until a party notifies the court that the collaborative law procedures did not result in a settlement. EFFECTIVE DATE September 1, 2001.