(a) Conflicts. A mediator must disclose to both parties
any conflicts of interest. Conflicts of interest are listed in §5.4232
of this title (relating to Mediation Process - Mediator Qualifications
and Conflicts of Interest). The mediator must disclose the conflicts
of interest no later than the fifth day after being hired, and before
the mediation begins. A mediator may not serve as mediator in a dispute
for which the mediator has a disqualifying conflict of interest.
(b) Schedule mediation. The mediator must set the date,
time, and place for the mediation. The mediator must work with the
parties to set a time that is convenient for all. The mediator should
set the length of the mediation based on the type of policy, and value
and complexity of the dispute.
(c) Location. The mediator must hold the mediation
in the county in which the property is located, or in another county
to which the parties and mediator agree. The mediator must locate
and arrange for a mediation facility.
(d) Notice to parties. The mediator must notify the
parties in writing of the date, time, and place for the mediation
as soon as possible, but no later than the 14th day before the mediation.
(e) Reschedule. The mediator must reschedule the mediation
if either party asks, and the other party does not object. The mediator
may reschedule for good cause, even if the other party objects. Good
cause includes significant illness, injury, or other emergency that
the parties could not control and, for the association, could not
reasonably be remedied before the mediation by providing a replacement
representative or otherwise.
(f) Review information. The mediator must review all
information that the parties submit.
(g) Conduct mediation. The mediator should encourage
and assist the parties in reaching a settlement, but may not compel
or coerce them. The mediator must give the parties an opportunity
to present their sides of the dispute. The mediator must inform the
parties of the strengths and weaknesses of their positions. The mediator
may meet with the parties separately.
(h) Termination. The mediator may terminate the mediation
if either party fails to negotiate in good faith. The mediator may
also terminate the mediation for other reasons.
(i) Confidentiality. The mediator may not disclose
to either party information given in confidence unless the disclosing
party expressly authorizes disclosure in writing. The mediator's activities
are confidential and privileged. Unless required by other law, no
one may call the mediator as a witness in any further proceedings
regarding the claim.
(j) Agreement. If the parties agree to settle the dispute,
the mediator must ensure that the parties sign a written agreement.
(k) Mediator ethics. A mediator must comply with the
Ethical Guidelines for Mediators adopted by the Texas Supreme Court
on June 13, 2005, in Miscellaneous Docket No. 05-9107, amended April
11, 2011, in Miscellaneous Docket 11-9062.
(l) Fees. The mediator must disclose all fees and must
state whether the mediator charges for a minimum number of hours.
The mediator may specify different charges for different types or
values of claims. This subsection does not apply to department-selected
mediators under §5.4235 of this title (relating to Mediation
Process - Mediator Selection by Department).
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