Which alternative dispute resolution procedure is encouraged by the State of Texas?

Mediation is the alternative dispute resolution (ADR) procedure encouraged by the State of Texas due to its collaborative nature, which emphasizes cooperation between the parties involved. This process allows disputing parties to engage in a structured negotiation facilitated by a neutral third party, known as a mediator. The goal of mediation is to reach a mutually agreeable resolution without the need for a formal court process, which can be costly and time-consuming.

The state recognizes mediation as a valuable tool to reduce the burden on the judicial system and promote more amicable settlements. Texas law supports the use of mediation in various contexts, including family law, business disputes, and real estate issues, making it a favored option. By fostering open communication and understanding, mediation often leads to outcomes that are satisfactory for all parties involved, thereby encouraging individuals to resolve conflicts amicably.

Other procedures, such as arbitration or litigation, while viable alternatives, do not enjoy the same level of encouragement from the state as mediation does, primarily because they can introduce adversarial dynamics and often result in a more rigid outcome determined by the arbitrator or court. Termination of a contract is typically a last resort and does not address the disputes that arise, making it less proactive in conflict resolution compared to mediation.