Authority/Reference(s) Texas Government Code §2260; §2009
Revision Date March 1, 2020

Policy

As part of the negotiation process, DFPS and the contractor may voluntarily elect mediation. Mediation may occur at any time and simultaneously with continued negotiation. A mediator must be agreed to by both parties and may be assisted by legal counsel or other individuals.

The Mediator may:

  • Facilitate resolving the dispute by ensuring that the parties understand the issues
  • Gather and share relevant information with the parties, and ensure that required time frames are adhered to
  • Conduct mediation by any method, technique, or procedure authorized under the contract or agreed upon by the parties. The participation of the mediator is not an official action of DFPS. Courtroom procedures and administrative hearing procedures do not apply. The mediation may be subject to the provisions of the Governmental Dispute Resolution Act, Texas Government Code §2009.

DFPS and the Contractor are responsible for their own respective costs related to any such mediation process, including sharing the costs, if any, of a mediator.