22 Tex. Admin. Code § 519.25 - Mediation and Alternative Dispute Resolution
(a) It is the
board's policy to encourage the resolution and early settlement of all disputed
matters, internal and external, through voluntary settlement
procedures.
(b) The executive
director shall designate a board employee as the board's Alternative Dispute
Resolution Director to perform the following functions:
(1) maintain necessary agency records of
alternative dispute resolution procedures while maintaining the confidentiality
of participants;
(2) establish a
method for the appointment of impartial third party mediators, moderators or
arbitrators for alternative dispute resolution proceedings;
(3) provide information about available
alternative dispute resolution processes to agency employees, potential users,
and users of the alternative dispute resolution program;
(4) arrange training or education necessary
to implement alternative dispute resolution processes; and
(5) establish a system to evaluate the
alternative dispute resolution program and mediators.
(c) The board, a committee of the board, a
respondent in a disciplinary matter pending before the board, the executive
director of the board or a board employee engaged in a dispute with the
executive director may request that a contested matter be submitted for
alternative dispute resolution through mediation as described in §
154.023
of the Texas Civil Practice and Remedies Code, moderated settlement conference
as described in §
154.025
of the Texas Civil Practice and Remedies Code, and non-binding arbitration as
described in §
154.027
of the Texas Civil Practice and Remedies Code by making a written request for
alternative dispute resolution that states the type of alternative dispute
resolution requested and sets forth the issues to be submitted for alternative
dispute resolution. A respondent in a disciplinary proceeding may not request
mediation until a recommendation regarding that disciplinary matter has been
made to a committee of the board. The request must be delivered to the
Alternative Dispute Resolution Director at the board's office.
(d) The party who requests alternative
dispute resolution shall pay the cost of the impartial third-party mediator,
moderators or arbitrators and shall otherwise bear their own costs of
alternative dispute resolution.
(e) The board's alternative dispute
resolution director is responsible for locating an impartial third-party
mediator, moderator or arbitrator and arranging for a location and time for
mediation. The mediator, moderator or arbitrator must be agreed to by all the
parties.
(f) The mediation date
shall be established by agreement with the parties but shall be no later than
45 days of the board's receipt of the request. The 45-day time limitation may
be extended by the executive director following a demonstration of good cause.
(g) Any resolution reached as a
result of an alternative dispute resolution procedure is intended to be through
the voluntary agreement of all of the parties. The resolution of a contested
matter reached as a result of an alternative dispute resolution procedure must
be in writing, signed by all of the parties, and is enforceable in the same
manner as any other written contract; provided however, that any signed
resolution that purports to bind the board must be ratified by the board and
may be made public depending upon the terms of the agreed resolution.
(h) A communication relating to the subject
matter made by a party in an alternative dispute resolution procedure is
confidential, is not subject to disclosure, and may not be used as evidence in
any further proceeding. Any notes or record made of an alternative dispute
resolution procedure are confidential, and parties, including impartial third
party mediators, moderators, or arbitrators may not be required to testify in
any proceedings relating to or arising out of the matter in dispute or be
subject to process requiring disclosure of confidential information or data
relating to or arising out of the matter in dispute or under consideration. An
oral communication or written material used in or made a part of an alternative
dispute resolution procedure is admissible or discoverable only if it is
admissible or discoverable independent of the procedure. If this section
conflicts with other legal requirements for disclosure of communications or
materials, the issue of confidentiality may be presented to a judge or
administrative law judge in Travis County, Texas to determine, in camera,
whether the facts, circumstances, and context of the communications or
materials sought to be disclosed warrant a protective order or whether the
communications or materials are subject to disclosure.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) It is the board's policy to encourage the resolution and early settlement of all disputed matters, internal and external, through voluntary settlement procedures.
(b) The executive director shall designate a board employee as the board's Alternative Dispute Resolution Director to perform the following functions:
(1) maintain necessary agency records of alternative dispute resolution procedures while maintaining the confidentiality of participants;
(2) establish a method for the appointment of impartial third party mediators, moderators or arbitrators for alternative dispute resolution proceedings;
(3) provide information about available alternative dispute resolution processes to agency employees, potential users, and users of the alternative dispute resolution program;
(4) arrange training or education necessary to implement alternative dispute resolution processes; and
(5) establish a system to evaluate the alternative dispute resolution program and mediators.
(c) The board, a committee of the board, a respondent in a disciplinary matter pending before the board, the executive director of the board or a board employee engaged in a dispute with the executive director may request that a contested matter be submitted for alternative dispute resolution through mediation as described in § 154.023 of the Texas Civil Practice and Remedies Code, moderated settlement conference as described in § 154.025 of the Texas Civil Practice and Remedies Code, and non-binding arbitration as described in § 154.027 of the Texas Civil Practice and Remedies Code by making a written request for alternative dispute resolution that states the type of alternative dispute resolution requested and sets forth the issues to be submitted for alternative dispute resolution. A respondent in a disciplinary proceeding may not request mediation until a recommendation regarding that disciplinary matter has been made to a committee of the board. The request must be delivered to the Alternative Dispute Resolution Director at the board's office.
(d) The party who requests alternative dispute resolution shall pay the cost of the impartial third party mediator, moderators or arbitrators and shall otherwise bear their own costs of alternative dispute resolution.
(e) Any resolution reached as a result of an alternative dispute resolution procedure is intended to be through the voluntary agreement of all of the parties. The resolution of a contested matter reached as a result of an alternative dispute resolution procedure must be in writing, signed by all of the parties, and is enforceable in the same manner as any other written contract; provided however, that any signed resolution that purports to bind the board must be ratified by the board and may be made public depending upon the terms of the agreed resolution.
(f) A communication relating to the subject matter made by a party in an alternative dispute resolution procedure is confidential, is not subject to disclosure, and may not be used as evidence in any further proceeding. Any notes or record made of an alternative dispute resolution procedure are confidential, and parties, including impartial third party mediators, moderators, or arbitrators may not be required to testify in any proceedings relating to or arising out of the matter in dispute or be subject to process requiring disclosure of confidential information or data relating to or arising out of the matter in dispute or under consideration. An oral communication or written material used in or made a part of an alternative dispute resolution procedure is admissible or discoverable only if it is admissible or discoverable independent of the procedure. If this section conflicts with other legal requirements for disclosure of communications or materials, the issue of confidentiality may be presented to a judge or administrative law judge in Travis County, Texas to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order or whether the communications or materials are subject to disclosure.