Alternative Dispute Resolution (ADR) Program

What is "ADR"?

Alternative Dispute Resolution (ADR), commonly referred to as Mediation, is a win/win voluntary process to resolve a complaint of employment discrimination. An impartial person called a Mediator helps the Complainant and Employer negotiate a resolution of the complaint in a face-to-face meeting. An agreement must be acceptable to both the Complainant and Employer. The written agreement is signed by the Complainant, the Employer, and the Mediator. The agreement is binding on both the Complainant and the Employer.

What About Confidentiality?

All information shared during mediation is confidential and cannot be revealed to anyone. The Complainant and Employer sign an Agreement of Confidentiality at the beginning of the mediation process.

The Mediator

The Mediator is an impartial employee of the Division. The Mediator does not make judgments on the merits of the case. The Commission Mediator has received mediation training as authorized by State law.

How Does Mediation Work at the Division?

• The Texas Commission on Human Rights Act requires the Division to have an Office of Alternative Dispute Resolution that is staffed by Division employees.
• When a new complaint is filed, the Complainant and Employer are invited to mediate before an investigation begins.
• The Complainant and Employer attend a mediation meeting with a Division employee who is a trained, professional Mediator.
• If the Complainant and Employer, with the help of the Mediator, negotiate a mutually acceptable agreement, the complaint is resolved.
• If the Complainant and Employer cannot negotiate a mutually acceptable agreement, the case is assigned for investigation.
• Information disclosed during mediation will not be revealed to anyone including other Division employees.

What Does Mediation Cost?

There is no cost to the Complainant or Employer if the Division mediates the complaint. Mediation is a free service provided to Complainants and Employers by the Division.

Do I Need an Attorney?

The decision to have an attorney is the choice of the Complainant and Employer but legal assistance is not required.

What are the Benefits of Mediation?

• Eliminates lengthy investigations and expensive litigation.
• Speedy resolution of complaints.
• Saves time and money.
• Opens lines of communication between disputing parties.
• Allows each party to understand the position of an opposing party.

If you choose to participate in the Division's mediation process you may contact the Employment Program Supervisor at (512) 463-2642 and/or return the self addressed postcard checking the appropriate yes or no box within ten (10) working days. If you choose not to participate in mediation, the complaint shall be transferred to the Investigation Unit.