By Constable Bruce Elfant
Your neighbor's dog won't stop barking. Your mechanic charges you for more
work than you believe was completed. Your tenant won't pay the rent on time
or your landlord won't make reasonable repairs. Disputes between parties not
quickly resolved tend to end up in court or can fester, often leading to
greater problems.
Conflicts between neighbors have existed as long as humans. In early times,
religious leaders acted as arbiters of disagreements. As groupings of people
grew into communities, processes were established to resolve conflicts
between
countrymen. The use of mediation to settle disputes dates back to
the ancient Greek and Roman civilizations. People who were trusted and
respected by all parties mediated disputes ranging from theft to issues of
commerce. Over the years, nations established formal justice systems where
disputes were decided and enforced by governments.
By the latter half of the 20th century, courts at all levels were
overwhelmed by a backlog of cases. Court backlogs have delayed justice and
increased litigation costs to the point of not being a viable method for
resolving many disputes. In 1965, a Presidential Commission directed to
study the court system recommended that some cases should be diverted from
the courts. New mediation guidelines allowed retired judges, attorneys, and
law students to arbitrate disagreements more quickly and at less cost.
Austin Dispute Resolution Center (ADR) was founded in 1983 to help people
resolve a variety of issues: neighborhood (zoning), pre-and post-divorce,
real estate, landlord/tenant, consumer/merchant, employer/employee, business
and small claims, and parent/adolescent. ADR's goals include providing more
appropriate processes for certain types of cases, providing a case
resolution process that is less costly and more accessible for people, and
reducing court caseloads. Mediation sessions cost $35 for each party,
typically last up to four hours, and can be scheduled within 10 to 14 days.
Parties must agree to mediate. Mediators do not make judgments, express
opinions, or give legal advice. They facilitate communication so the parties
can find a solution of their own. ADR mediators conduct about 1,000
mediations per year and report that 85% of mediations are successful. ADR
also offers basic mediation training (40 hours), advanced family mediation
training (30 hours) and customized training (up to 2
days) for individuals
who are interested in becoming state certified mediators. Travis County
judges, in an effort to reduce the number of trials and encourage outcomes
agreed to by all parties, routinely require mediations for certain types of
cases to be conducted before litigation can occur. Dispute Resolution
Center staff can be reached at 371-0033 or www.austindrc.org
<http://www.austindrc.org/> .
The Center for Public Policy Dispute Resolution (CPPDR) at the University of
Texas also provides dispute resolution services for governmental entities,
policymakers, and others involved in public policy disputes. CPPDR
maintains a website about dispute resolution issues at cppdr%40law.utexas.edu.
_____
From: Loi Taylor [mailto:Loi.Taylor%40co.travis.tx.us]
Sent: Thursday, August 23, 2007 2:55 PM
To: dctwombly%40aol.com; krivon%40aol.com; gvaden%40austin.rr.com;
jbasciano%40austin.rr.com; reaton%40austin.rr.com; tamiehunt%40austin.rr.com;
jwalker%40austincc.edu; cathynorman%40austintx.net;
meredith.highsmith%40capmetro.org; pam.hefner%40ci.austin.tx.us;
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Subject: Constable Notebook - September 2007 by Bruce Elfant
Greetings!
Please find attached the September 2007 Constable Notebook from Constable
Bruce Elfant. If you have any questions or concerns, please do not hesitate
to contact me via this e-mail or 854-3712.
Sincerely,
Loi N. Taylor
Office of the Constable
Travis County Precinct 5
1003 Guadalupe St
Austin, TX 78701
512-854-3712 l 512-854-4981 fax
loi.taylor%40co.travis.tx.us l www.constable5.com
<http://www.constable5.com/>
[Non-text portions of this message have been removed]
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