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Alternative Dispute Resolution

Governmental Dispute Resolution Act

According to the Governmental Dispute Resolution Act (GDRA), disputes before governmental bodies should be resolved as quickly and fairly as possible. In support of this policy, each governmental body should use alternative dispute resolution procedures when appropriate.

A governmental body may pay for costs necessary to meet the objectives of the GDRA including reasonable fees for training, policy review, system design, evaluation and the use of impartial third parties. To the extent allowed by the General Appropriations Act (GAA), a state agency may use money budgeted for legal services, executive administration or any other appropriate aspect of the agency’s operations to pay for the costs.

A governmental body may:

  • Contract with:
    • Another governmental body with an alternative dispute resolution system created under the Civil Practice and Remedies Code.
      –or–
    • A private entity for any service necessary to meet the objectives of the GDRA. This includes the Center for Public Policy Dispute Resolution (the Center) at the University of Texas School of Law.
  • Appoint an impartial third party in an alternative dispute resolution procedure. The third party may be:
    • A governmental officer
    • A governmental employee
    • A private individual
      –or–
    • Obtained through an agreement with either:
      • The Center for Public Policy Dispute Resolution at the University of Texas.
      • Another governmental body or a federal agency or through a pooling agreement with several governmental bodies.
      • State Office of Administrative Hearings (SOAH)

Sources [+]

Texas Government Code, Sections 2009.001-2009.004, 2009.053(a)–(c).

Chapter 151, Civil Practice and Remedies Code

The state may not pay any costs related to a trial under civil or family law matters that are pending in a district court, statutory probate court or statutory county court.

Sources [+]

Texas Civil Practice and Remedies Code, Sections 151.001, 151.002(5), 151.009.