The University of Texas at Austin   School of Law

Center for Public Policy Dispute Resolution

Building Collaboration

Publications

Click on a link below to view any of the publications from the Center's Public Resource Series and various reports on ADR use:

PUBLIC RESOURCE SERIES

Commentary on the Governmental Dispute Resolution Act and the Negotiated Rulemaking Act (2002 update)
Public Resource Series Number Three, Updated Summer 2002

The Commentary was originally developed for Rau & Sherman's Texas ADR & Arbitration: Statutes and Commentary (West Group, 1997). As with any statutes, reading and understanding all of the provisions of the GDR and NR Acts can be challenging. There are several important points in each statute that are clearly stated and easily understood, but others are by necessity more complex. Particularly dense and multi-layered are the provisions relating to confidentiality: because these sections in both acts build fundamentally upon the provisions of other Texas ADR law, and because they modify application of the Open Records Act, understanding the interactions and limitations can be difficult. These Commentary sections were developed to clarify areas such as these and to provide a ready guide for ADR practitioners, attorneys and judges who must interpret and work with the statutes.

Using Mediation in Employee Complaints and Grievances:
A Sourcebook for Governmental Entities

Public Resource Series Number Five, April 2000

This sourcebook is intended to assist governmental bodies in designing an employee complaint/grievance process that includes alternative dispute resolution processes (ADR), particularly mediation, as an option.  

Texas Negotiated Rulemaking Deskbook
Public Resource Series Number One, October 1996

Compiled with the Advice, Assistance and Concurrence of the Advisory Committee on Negotiated Rulemaking in Texas. The Deskbook is designed to guide governmental decision makers, rulemaking staff, potential facilitators and the full spectrum of regulatory stakeholders through a negotiated rulemaking. It provides a step-by-step description of the process, analyzes legal and logistical issues associated with its use in Texas and includes several model documents such as committee bylaws and Texas Register notices.

Texas ADR Legislative Reports

  • 2011 Texas ADR Legislative Highlights
    Highlights of some notable bills from the 2011 legislative session affecting ADR in Texas.
  • 2007 Texas ADR Legislative Report
    Public Resource Series Number Ten, October 2007
    Containing analysis of ADR legislation passed, vetoed, and not passed by the 80th Legislature.
  • 2005 Texas ADR Legislative Report
    Public Resource Series Number Nine, October 2005
    Containing analysis of ADR legislation passed, vetoed, and not passed by the 79th Legislature.
  • 2003 Texas ADR Legislative Report
    Public Resource Series Number Eight, August 2003
    Containing analysis of ADR legislation passed, vetoed, and not passed by the 78th Legislature.
  • 2001 Texas ADR Legislative Report
    Public Resource Series Number Six, August 2001
    Containing analysis of ADR legislation passed, vetoed, and not passed by the 77th Legislature.
  • 1999 Texas ADR Legislative Report
    Public Resource Series Number Four, September 1999
    Containing analysis of H.B. 826 and other ADR legislation passed by the 76th Legislature.
  • 1997 Texas ADR Legislative Report
    Public Resource Series Number Two, June 1997
    Containing analysis of the Governmental Dispute Resolution Act, The Negotiated Rulemaking Act and other ADR legislation passed by the 75th Legislature.

 

REPORTS

Reports on the Implementation of the Children's Justice Act Mediation Pilot Projects

The Center assisted the Texas Department of Protective and Regulatory Services in developing a plan to increase the use of mediation in Child Protective Services cases statewide.  The Children's Justice Act Project awarded federal funds to the State of Texas to explore the use of mediation to resolve Child Protective Services cases more expeditiously, to protect the integrity of the foster care delivery system, and to meet the goals of family reunification and child safety.  The Center's annual reports continue to find a high rate of satisfaction among the mediation participants, including parents and their legal counsel, the child's attorney and/or guardians ad litem, prosecutors, CASA volunteers, and CPS case workers and their attorney.

  • Representing Parents in Child Abuse and Neglect Cases: A Manual for Attorneys, Carol Nasworthy and Tracy Tarver, Austin, TX - Prepared for the Department of Family and Protective Services. This manual covers topics such as: overview of child protection litigation, legal definitions of child abuse and neglect, ethics and duties of the parent's attorney, discovery and special considerations, mediation and settlement, trial, and working with DFPS.
  • 2003-05 Report on the Implementation of the Children’s Justice Act Mediation Projects, Carol Nasworthy and Tracy Tarver, Austin, TX – Department of Family and Protective Services. This final report continues reviews for Dallas, Ellis, Harris, Midland, North East Texas Foster Care Docket, and South Texas Cluster Court Counties. This report includes an update on post CJA funded counties in El Paso, Galveston, Harris (pilot projects ended December 2002), and South Texas Cluster Court (pilot project ended February 2003).
  • 2002 Report on the Implementation of the Children’s Justice Act Mediation Projects, Carol Nasworthy and Tracy Tarver, Austin, TX – Department of Family and Protective Services. This report continues evaluation of Dallas, Ellis, Harris, Midland, and the South Texas Cluster Court counties. New counties reviewed include Northeast Texas Foster Care Docket and Smith Counties.
  • 2001 Report on the Implementation of the Children’s Justice Act Mediation Projects, Carol Nasworthy and Tracy Tarver, Austin, TX – Department of Family and Protective Services. This report evaluates Dallas, Ellis, Harris, Midland, and the South Texas Cluster Court counties.
  • 2000 Report on the Implementation of the Children’s Justice Act Mediation Pilot Projects, Carol Nasworthy and Tracy Tarver, Austin, TX – Department of Family and Protective Services. This report continues evaluation reviews of mediation programs in El Paso, Jefferson, Galveston, and Gregg. New Texas counties evaluated included Bowie, Ellis, Harris, Midland, Potter, Webb, Travis and the South Texas Cluster Court.
  • Evaluation of the Children’s Justice Act 1997-98 Mediation Pilot Project, Andy Bowman and Carol Nasworthy, Austin, TX – Department of Family and Protective Services. This evaluation includes El Paso, Lubbock, Galveston, Jefferson, and Gregg Counties.

 

Report Evaluating Progress Toward Joint Agency Cooperative Partnership,
November 2001

The Center contracted with the Environmental Protection Agency, Region 6 (EPA) and the Texas Natural Resource Conservation Commission to provide an evaluation of establishing a joint cooperative partnership between the two agencies. In order to determine the goal of cooperative partnership, the evaluation was based on a written survey and interviews with upper and middle management of both agencies. The surveys with both EPA and TNRCC resulted in the implementation of three Action Plans by senior management and four by middle management. The Action Plans created a basis for continual cooperative interaction between both agencies and have aided the progress of the cooperative partnership.

 

Report of Survey Results of Alternative Dispute Resolution Use in Texas State Agencies, January 1999

The Center was authorized by the legislature in the Texas Governmental Dispute Resolution Act of 1997 to collect and analyze information about state agencies' ADR programs. In an effort to determine the current level of ADR use by state agencies, the Center distributed a survey to 151 state agencies and asked for information about ADR use in the areas of employee complaints and grievances, rulemaking, contested cases, contracts, and litigation. After analyzing the information received in response to the survey, the Center published a report of the survey results. The Center has excerpted the Executive Summary and Recommendations from this report and has made it available through this web site. If you are interested in receiving a complete copy of the 40 page report, please contact the Center at 512-471-3507.

ARTICLES