(a) The agency's policy is to enable the resolution and early settlement of internal and external disputes, including contested cases, through voluntary settlement processes, which may include a procedure or combination of procedures described by Chapter 154, Civil Practice and Remedies Code. Any Alternative Dispute Resolution (ADR) procedure used to resolve disputes before the commission shall comply with the requirements of Chapter 2009, Government Code, and any model guidelines for the use of ADR issued by the State Office of Administrative Hearings.
(b) The agency's deputy director or his designee shall be the agency's dispute resolution coordinator (DRC). The DRC shall perform the following functions, as required:
  (1) coordinate the implementation of the policy set out in subsection (a) of this section;
  (2) serve as a resource for any staff training or education needed to implement the ADR procedures; and
  (3) collect data to evaluate the effectiveness of ADR procedures implemented by the agency.
(c) Any costs associated with retaining an impartial third party mediator, moderator, facilitator, or arbitrator, shall be borne by the party requesting ADR.
(d) Agreements of the parties to ADR must be in writing and are enforceable in the same manner as any other written contract. Confidentiality of records and communications related to the subject matter of an ADR proceeding shall be governed by §154.073 of the Civil Practice and Remedies Code.
(e) If the ADR process does not result in an agreement, the matter may be referred to the commission for other appropriate disposition.

Source Note: The provisions of this §2.40 adopted to be effective November 16, 2008, 33 TexReg 9078