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Mediation is a form of dispute resolution that promotes reconciliation
between the parties. It allows you and the mover to discuss your dispute with a
neutral third person. The neutral third person helps you and the mover consider
solutions to resolve your dispute. Using mediation often helps parties avoid the
costly prospect of resolving a dispute through the court system. Mediation through TxDOT is designed to help you and the mover come to a better
understanding of each other’s point of view. Through a better understanding of
the other person’s point of view, you and the mover may find a solution that is
mutually acceptable. The mediation formats include telephone conferences,
written submissions, or in-person mediation sessions held in Austin, Texas. If you decide to seek mediation of your dispute through TxDOT, you must file
your request with TxDOT within 30 days after the earliest of the following
events:
- the mover denies any portion of your claim;
- the mover makes a firm settlement offer on your claim; or
- 90 days has elapsed since the mover received the claim, and the mover has not
paid or denied the claim or made a firm settlement offer.
The cost of the mediator and mediation facilities will be paid for by TxDOT.
TxDOT will coordinate with you and the mover to determine the best time and date
for the mediation. TxDOT uses independent contractors to conduct mediation
sessions. If the mediator is able to help you and the mover resolve your
dispute, you may choose to put your agreements in writing. If you or the mover
do not carry out your side of the agreement, the agreement may be enforceable
through the court system. While TxDOT is able to help settle the dispute by
providing mediation, TxDOT is not able to enforce a written agreement between
you and the mover.
You may seek mediation through TxDOT only on moves that begin and end within
Texas. If your shipment was transported across state lines and you have not been
able to resolve your claim with the mover, you should contact the U.S. DOT for
information on the federal requirements regarding the mover’s dispute resolution
program.
You may seek resolution of your dispute through sources other than TxDOT. For
example, some movers maintain their own alternative dispute resolution programs.
Additionally, the Better Business Bureau offers alternative dispute resolution
to movers who are members of the Better Business Bureau. Before using one of
these programs, be sure you understand the terms and consequences of using the
program. If you are not satisfied with the outcome of any dispute resolution
process, you might consider seeking relief through a court of law.
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