Texas Senate Bill SB948

Texas 2015 - 84th Regular

Caption

Relating to mediation as an alternative dispute resolution process.

Impact

The modifications outlined in SB948 have the potential to impact mediation practice in Texas significantly. By prohibiting mediators from imposing their judgments and emphasizing the need for appropriate legal counsel, the bill aims to enhance transparency and protect the rights of the parties involved. This may lead to an environment where parties feel more empowered and informed about their choices in dispute resolution, potentially increasing confidence in mediation as a viable option for resolving conflicts.

Summary

SB948 seeks to amend the Civil Practice and Remedies Code in Texas, focusing on mediation as an alternative dispute resolution process. The bill introduces specific requirements for mediators, ensuring they clarify their role to the parties involved in the process. Under the new provisions, mediators must inform participants that they do not have the authority to issue legal judgments and that mediation is distinct from court proceedings. This change aims to reinforce the concept that mediation is a voluntary and informal method of resolving disputes, rather than a formal judicial process.

Contention

Notable points of contention surrounding SB948 may revolve around the implications for mediators' authority and the perception of their role in the mediation process. Critics could argue that strict guidelines regarding communications and the language used by mediators might constrain their ability to guide discussions effectively. Additionally, there may be concerns about the balance between retaining the informal nature of mediation and ensuring that participants are adequately informed about their rights and options.