By Brett Goodman Unlike many other jurisdictions, the Texas statutes are silent on the issue of good faith mediation. Perhaps the most pertinent provision within chapter 154 of the Texas Civil Practices and Remedies Code is found at §154.002, stating, “It is the policy of this state to encourage the peaceable resolution of disputes, with special consideration given to disputes involving the parent-child relationship, including the mediation of is

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Need CLE credits? Mark your calendars! The State Bar of Texas will host its 27th Annual Personal Injury Law Course. Topics include: • How to Try the $50,000 (& Under) Case from A-Z • Social Media: Cutting Edge Evidence Questions • Claims Against Governmental Entities • Medical Malpractice Update • New Approaches to Damages for Juries Karl Bayer will be presenting the section on mediation. The locations are as follows: LIVE: Dallas, July 6-8,

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In Texas, a party has to object in writing to the mediation referral within ten days after receiving notice. The court, in its discretion, may or may not refer the dispute to mediation. Section 154.022 of the Texas ADR Act provides the basis for objection to referral pending litigation: (a) If a court determines that a pending dispute is appropriate for referral under Section 154.021, the court shall notify the parties of its determination. (b) A

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The Fort Worth Appeals Court has held in a memorandum opinion that an arbitration clause does not constitute a jury waiver. In In re Professional Pharmacy II, No. 2-10-163-CV, (Tex. App. – Fort Worth, September 23, 2010) the relator (Professional Pharmacy) sought a writ of mandamus from a district court’s March 8, 2010 order granting JP Morgan Chase Bank, NA’s (JP Morgan’s) motion to strike Professional Pharmacy’s jury demand and enforce a contra

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It has been a long road for Mr. and Mrs. Cull. Here are the facts of the case: In 1996, the Culls bought a home from home builder Perry Homes and warranties from Home Owners Multiple Equity, Inc. and Warranty Underwriters Insurance Company. In 2000, the Culls sued the warranty companies over problems with their house foundation and construction. They claimed that their home had defects that caused its appraised value to plummet from more than $23

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