Texas, as a matter of public policy, prefers that both business and personal disputes are better resolved by the parties rather than by the courts. Normally, parties try to settle disputes to avoid the costs and uncertain of results in litigation.

Virtually every lawsuit is now subject to some sort of alternative dispute resolution process. If the parties do not explore such alternatives on their own, many Courts will order the parties to an alternative dispute resolution process at the request of either party or on its own. The two most common forms of alternative dispute resolution are mediation and arbitration.

Mediation is a process overseen by a trained, impartial third-party who, through various techniques facilitates communications whereby the parties may resolve their dispute, but under no circumstances can the mediator impose any decision on either party. The parties must agree to their own resolution.

Arbitration is often required in many of today’s contractual agreements. During arbitration, the parties present their dispute to an impartial panel of individuals who make a decision on the outcome. Some arbitration proceedings are not binding on the parties. Where the parties have agreed to binding arbitration, others are binding on the parties and, although the decision is made by an arbitration panel, their decision may be enforced by the Courts.

Mr. Baker provides arbitration, mediation, and other ADR services in all manner of disputes and provides advice and counseling to clients with respect to negotiating strategies, effective and efficient uses of ADR, the selection of third-party neutrals, the consideration of appropriate ADR procedures for particular controversies, and the drafting of private ADR clauses and agreements.

“Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.”
~ Abraham Lincoln