Mandatory Disclosure of Arbitration Info in Texas?

The ICM’s blog just reported that Texas Senator Royce West has proposed legislation that would require the disclosure of certain basic information about arbitrations taking place in Texas. It would allow for some basic tracking of numbers of disputes sent to arbitration and awards being made in consumer and employment cases, other than residential construction cases (John Fleming was quoted in the blog piece noting that the powerful construction industry would have blocked the bill’s passage had it been potentially subject to disclosure).

A San Antonio lawyer decried the bill as a “way to collaterally attack the arbitration process,” but on first blush I cannot agree. Seems to me that providing folks with basic information about the sheer number of cases being sent to arbitration is a good idea. Given the profound judicial deference given to arbitration as a means of dispute resolution in this state (well documented herein), some transparency certainly seems appropriate.

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arbitration, ADR, law, politics