What is the first common pathway for dispute resolution?
Negotiation
Parties attempt voluntary resolution.
What role does a mediator play in dispute resolution?
Facilitates settlement
Common in construction disputes.
What is arbitration?
Binding resolution by arbitrators
Often follows AAA Construction Rules.
What is the definition of litigation?
Court process
Subject to immunity, certificate of merit, etc.
What is the policy goal of ADR in Texas according to CPRC Ch. 154?
Encourage peaceable resolution of disputes and early settlement
(§154.002)
What authority do courts have under CPRC §154.021 regarding ADR?
May refer pending disputes to ADR
Parties can object within 10 days (§154.022).
What types of procedures are included in Texas ADR?
Mediation, moderated settlement conferences, mini-trials, summary jury trials, arbitration
Various methods for dispute resolution.
True or False: Courts can compel a settlement in ADR processes.
False
Courts can compel mediation attendance but not force settlement.
What does the Texas Arbitration Act (TAA) apply to?
Written arbitration agreements
Except for certain employment and personal injury disputes.
What is the enforceability status of arbitration agreements under TAA?
Valid, irrevocable, enforceable except upon contract defenses
Ensures reliability of arbitration agreements.
What preempts TAA when interstate commerce is implicated?
FAA (Federal Arbitration Act)
FAA has a broader scope.
What is the judicial review status of arbitration awards?
Very limited
Vacatur only for fraud, corruption, evident partiality, exceeding powers.
What must be filed with a complaint in claims against licensed professionals according to CPRC Ch. 150?
Affidavit by third-party professional
Setting out factual basis for alleged negligence or error.
What is the consequence of failing to file a certificate of merit?
Mandatory dismissal
May be with prejudice.
What is an exception to the certificate of merit requirement?
Fee claims by professional not subject to requirement
Some design-build cross-claims are exempt.
What are the AAA Construction Industry Arbitration Rules designed for?
Specialized panel of construction arbitrators
Includes procedures for consolidation/joining related disputes.
What happens if there is no ADR clause in a dispute?
Litigation remains default
Subject to procedural prerequisites.
What is a critical aspect of drafting ADR provisions?
Controlling venue, rules, and costs
Important for effective dispute resolution.
What is the progression of dispute resolution methods?
Negotiation → Mediation → Arbitration → Litigation
Typical order of resolution methods.
What is the 10-day objection rule in Texas ADR?
Parties can object to court referral to ADR within 10 days
Important procedural timeline.
What is a significant takeaway regarding arbitration agreements?
Strongly enforced with limited review
Important for understanding enforceability.
What traps exist regarding the certificate of merit in professional negligence cases?
Easy dismissal trap
Always check if certificate filed with petition.
What is the role of AAA Rules in construction contracts?
Default in AIA contracts
Know consolidation, arbitrator authority.
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