Over the past 20 years, nothing appears to have changed the face of family law in Texas as much as the use of alternative dispute resolution procedures. In most of the larger counties across the state, courts will not hear a contested final trial unless the parties first have attempted mediation. Some courts require mediation before allowing a contested temporary orders hearing. ADR procedures — including mediation, arbitration and collaborative law — seem to have significantly reduced the congested family court dockets.
But the Texas Supreme Court is considering a case that could undermine the effectiveness of these ADR procedures. In Re Stephanie Lee is a case in which the trial court declined to enter judgment on a validly executed mediated settlement agreement (MSA), notes Houston’s 14th Court of Appeals in its opinion in the case.
