Mediation

  • ROW Project Delivery receives request for mediation from Assistant Attorney General. Encourage Assistant Attorney General to send the mediation notice as soon as possible if judge sets date. Mediation maybe set without judge’s order.
  • Order may contain date of mediation and name the mediator - if not, ROW Project Delivery coordinates with Assistant Attorney General regarding mediator and date.
  • ROW Project Delivery decides who will represent them at mediation, i.e., district engineer, ROW manager, etc., and coordinates dates with them.
  • ROW Project Delivery confirms mediation date with all parties and requests dates and availability for pre-mediation conference call with the Assistant Attorney General and the ROW Program Office if needed. Consideration should be given to the amount of time needed for TxDOT personnel to prepare analysis.
  • ROW Project Delivery mediation coordinator sets pre-mediation and
    sends letter
     confirming all dates to all parties.
  • If needed, a pre-mediation conference call is held between TxDOT representatives and the Assistant Attorney General.
  • AAG will request approval of the amount of settlement authority from ROW Project Delivery Manager, Project Delivery Director, or Division Director. The amount requested will determine who has the authority to approve the amount. (Note: Cannot settle for more without calling for additional authorization.
  • Mediation is attended.
  • When the scheduled mediation is over, if a settlement has not been reached on all outstanding issues, the mediation is considered complete and may not be extended. Any further settlement offers will be processed in accordance with normal settlement procedures.
  • Within ten (10) days of the mediation, the Assistant Attorney General shall send a post-mediation settlement memorandum detailing the events of the mediation to ROW Project Delivery.
  • The appropriate TxDOT representative will reply to the Assistant Attorney General’s memorandum confirming the settlement.
  • If settled, the Assistant Attorney General will prepare an Agreed Judgment and send it to ROW Project Delivery to be processed.
  • ROW Project Delivery submits a payment request through TxC to pay the mediator. This
    cannot
     be paid until after Mediation.
  • Update eminent domain page in TxC with mediation settlements and approvals.