Earlier this year, I wrote an article for Progressive Cattleman Magazine discussing dispute resolution clauses.  Although these clauses–generally requiring parties to participate in mediation or arbitration–are in most contracts, very few people understand the impact that agreeing could have on their legal rights.  All people should understand the difference between mediation and arbitration, and the impacts, both positive and negative, of agreeing to either form of alternative dispute resolution. To read my article, click here.

Once again, a Texas court has issued an opinion regarding whether an arbitration provision in a cotton sales contract is enforceable.  The Amarillo Court of Appeals issued its opinion last week in Ecom USA, Inc v. Clark, which offers some lessons and reminders to parties entering contractual agreements and attorneys litigating these cases.  [Read opinion here.] Background This case was filed by a number of cotton farmers who contracted to deliver cotton they grew in 2010 and 2011 to the U.S. Cotton Growers Association, a marketing pool owned by… Read More →

Last week, the Texas Supreme Court issued a decision relating to the well-publicized disputes between cotton farmers, cotton gins, and marketing cooperatives that arose in 2010 after cotton prices soared.  In this case, Venture Cotton Cooperative v. Freeman, the Supreme Court analyzed the validity of an arbitration clause contained in the marketing agreement between the farmers and the marketing cooperative.  [Read full opinion here.] Background In 2010, Venture Cotton Cooperative, a cotton marketing cooperative, operated a marketing pool for the sale of its members’ cotton.  Venture obtained members… Read More →

**This article is not a substitute for the advice of an attorney.** Dispute resolution is a popular and common way to resolve legal disputes.  Many people, however, are not aware of the difference between the two most common forms of dispute resolution, mediation and arbitration. Why Dispute Resolution? Litigation is time consuming and expensive.  It generally takes over a year for a civil case to be decided in court.  Dispute resolution provides a cheaper, and more time efficient alternative that will allow parties to resolve their differences and… Read More →