Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 10 - TEXAS WATER DEVELOPMENT BOARD
Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION
Subchapter C - MEDIATION OF CONTRACT DISPUTES
Section 380.42 - Conduct of Mediation

Universal Citation: 31 TX Admin Code ยง 380.42

Current through Reg. 49, No. 38; September 20, 2024

(a) Mediation is a consensual process in which an impartial third party, the mediator, facilitates communication between the parties to promote reconciliation, settlement, or understanding among them. A mediator may not impose his or her own judgment on the issues for that of the parties. The mediator must be acceptable to both parties.

(b) Mediation under this chapter is subject to the provisions of the Governmental Dispute Resolution Act, Texas Government Code, Chapter 2009. For purposes of this chapter, "mediation" is assigned the meaning set forth in Texas Civil Practice and Remedies Code, § 154.023.

(c) To facilitate a meaningful opportunity for settlement, the parties shall, to the extent possible, select representatives who are knowledgeable about the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.

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