Texas Senate Bill SB1237

Texas 2013 - 83rd Regular

Caption

Relating to referral of disputes for alternative dispute resolution, including victim-directed referrals; authorizing a fee.

Impact

The impact of SB1237 is significant as it updates the Civil Practice and Remedies Code to incorporate ADR provisions for criminal cases. By allowing for referrals of criminal cases under certain conditions, the bill seeks to alleviate pressure on traditional judicial processes. The law also sets a framework for collecting fees for ADR services, which must be reasonable and take the user's ability to pay into account. This approach aims to ensure that mediation services are accessible while also providing a funding mechanism for the administration of such programs.

Summary

SB1237 proposes modifications to the existing civil and criminal laws in Texas regarding the referral of disputes for alternative dispute resolution (ADR). It allows both civil and certain criminal cases to be referred to ADR systems, with specific provisions for obtaining consent from victims and defendants in criminal cases. This bill reflects a growing trend in Texas to utilize ADR as a means of efficiently handling legal disputes while minimizing the burden on the court system. The legislation intends to enhance access to conflict resolution, especially within the context of criminal cases, thus encouraging restorative justice practices.

Contention

Notable points of contention surrounding SB1237 involve the balance between justice and efficiency. Critics may argue that introducing ADR into the realm of criminal law complicates the accountability of offenders and could potentially undermine victims' rights if not implemented with robust safeguards. Additionally, the bill's provision for fees may raise concerns about equitable access to mediation, particularly for low-income defendants who could be impacted by additional financial burdens during a vulnerable period in their lives.