How Is Mediation Used in Texas Business and Commercial Disputes?
Direct Answer
Texas uses mediation heavily in business disputes, especially in energy, construction, real estate, technology, partnership, shareholder, and commercial contract cases.
Texas is a major hub for commercial mediation, particularly in Houston (energy sector), Dallas (financial services and technology), and Austin (technology and real estate). Most commercial contracts in Texas contain mandatory mediation clauses, often requiring mediation before arbitration or litigation. The Texas ADR Procedures Act (CPRC §154.001 et seq.) provides the statutory framework. JAMS, AAA, and the CPR Institute are the primary providers for complex commercial mediation in Texas. The Houston Bar Association's Dispute Resolution Center and the Dallas Bar Association's Dispute Resolution Services also provide commercial mediation. Common business disputes mediated in Texas include oil and gas contract disagreements (including joint operating agreement disputes, royalty disputes, and pipeline easement claims), construction defect and delay claims, commercial real estate disputes, technology licensing disagreements, and partnership and shareholder disputes. Texas's unique legal landscape — including the Texas Uniform Trade Secrets Act, the Texas Citizens Participation Act (anti-SLAPP), and the Texas Deceptive Trade Practices Act (DTPA) — creates distinctive issues in commercial mediation. The Texas Supreme Court has been a strong advocate for ADR and has issued several opinions encouraging the use of mediation to resolve complex commercial disputes.