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1 SMU Ann. Tex. Surv. 101 (2014)

handle is hein.journals/smuatxs1 and id is 1 raw text is: ALTERNATIVE DISPUTE RESOLUTION Will Pryor Y'know my heart keeps tellin' me You're not a kid at 33 Y'play around y'lose your wife Y'play too long, y'lose your life ... Some gotta win, Some gotta lose Good Time Charlie's got the blues Alternative Dispute Resolution (ADR) is a field that invites parties to a dispute to pursue resolution outside the judicial process. Mediation, a non- binding, informal ADR process facilitated by a neutral third-party, is sometimes referred to as a win-win opportunity, where the parties control the outcome of the dispute and negotiate an outcome that is acceptable, if not ideal. But in the form of ADR we refer to as binding arbitration, eventually there is a winner, and a loser-at least that is how it is supposed to work. As a consequence of a judicial narrowing in recent years regarding the grounds for setting aside or vacating arbitration awards, lawyers are searching high and low to find creative ways to achieve vacature. This year we have an active area of appellate activity, challenges to arbitration awards for evident partiality, and arguments that arbitrators exceeded their power. This is the sixth installment of an Annual Survey chapter on ADR, the first installment being published in 2008. There can be no disputing that in the past * Mediator and arbitrator in Dallas. Yale University, B.A., 1978; Harvard Law School, J.D., 1981. The author wishes to thank Corey Harris and Javier Delgado of The Merlin Law Group in Tampa, Florida, Todd Lipscomb of Loree & Lipscomb in San Antonio, and Steve Badger of the Zelle Hofmann firm in Dallas for their contributions to the section on insurance appraisals, Mike Amis of Dallas for his input regarding public discussion of the Rule 169 debacle, and John Allen Chalk, Sr. of Whitaker Chalk Swindle & Schwartz, PLLC in Fort Worth, an esteemed authority on arbitration in Texas, and everywhere. Finally, as always, the author is grateful to Professor Ellen Smith Pryor for her support, encouragement, and limitless talent. 1. DANNY O'KEEFE, Good Time Charlie's Got The Blues, on O'KEEFE (Signpost Records 1972). 2. Fed. Arbitration Act of 1925, 9 U.S.C. § 10 (2012). 3. Will Pryor, Alternative Dispute Resolution, 61 SMU L. REv. 519 (2008). 101

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