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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 1CENTRAL ADMINISTRATION
SUBCHAPTER FNEGOTIATION AND MEDIATION OF CONTRACT DISPUTES
RULE §1.376Conduct of Mediation

(a) Mediation is a consensual process in which an impartial third party, the mediator, facilitates communication among the parties to promote reconciliation, settlement, or mutual understanding. A mediator may not impose his own judgment on the issues, for that of the parties. Both parties must agree to the selection of the particular mediator who is to administer the process.

(b) The mediation is subject to the provisions of the Governmental Dispute Resolution Act, Government Code, Chapter 2009. For purposes of this subchapter, "mediation" is assigned the meaning that is described in 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, are in a position to reach agreement, and can credibly recommend approval of an agreement.


Source Note: The provisions of this §1.376 adopted to be effective November 29, 2001, 26 TexReg 9631

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