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.