Texas House Bill HB299

Texas 2009 - 81st Regular

• Filed: 11/19/08

Caption

Relating to mediation procedures in certain family law suits.

Impact

The proposed adjustments to the Family Code aim to facilitate a more consensual approach to mediation in family law matters. By ensuring that mediation relies solely on an agreement between parties, it seeks to foster a more voluntary and potentially amicable resolution process. This could be seen as a response to criticisms of existing practices that might push individuals into mediation despite their reluctance, thereby allowing for greater autonomy in personal legal matters.

Summary

House Bill 299 focuses on altering mediation procedures in family law suits, particularly regarding divorce and parent-child relationship cases. The bill stipulates that a court may only refer a case to mediation with the written agreement of the parties involved, replacing previous laws that allowed for court referrals at the discretion of the judge. This change is intended to protect individuals from being compelled into mediation without their consent, allowing them to revoke their agreement at any time before a binding mediated settlement is reached.

Contention

There is potential for contention surrounding HB 299, particularly from those who believe that limiting a court’s ability to refer cases to mediation may hinder the efficiency of the legal process. Critics may argue that this could lead to delays in reaching resolutions as individuals weigh their options. Additionally, local jurisdictions may have differing needs and perspectives about mediation, making it important to consider potential disparities in access to mediation services based on the written agreement stipulation. The possibility of local rules that could conflict with this new stipulation also raises questions about jurisdictional governance.