Courts should compete for business, redux

Three justices of the Texas Supreme Court appear to be thinking along lines similar to what I argued last year: that courts should compete for dispute-resolution business.

In their concurring opinion in the Nafta Traders case, Chief Justice Jefferson and two other justices (including Dale Wainwright, my son’s former Little League coach) said:

[O]ur system is failing if parties are compelled to arbitrate because they believe our courts do not adequately serve their needs.

If litigation is leaving because lawsuits are too expensive, the bench and the bar must rethink the crippling burdens oppressive discovery imposes.

If courts have yet to embrace modern case-management practices, the Legislature should ensure that the justice system has resources to improve technology and to hire qualified personnel—two sure ways to improve efficiency.

(Extra paragraphing added.)