(a) At any time prior to or during a contested case
hearing, any party in a disciplinary matter may request referral to
alternative dispute resolution (ADR).
(b) Parties may agree to mediate a dispute through
a mediator employed by the State Office of Administrative Hearings
or through a private mediator. Mediation through SOAH is subject to
SOAH's rules for mediation (Title 1 Texas Administrative Code); the
Administrative Procedure Act (Tex. Gov't Code Ch. 2001); laws relating
to SOAH administrative procedure in Tex. Gov't Code Ch. 2003; and
Tex. Gov't Code Ch. 2009, relating to ADR for use by governmental
bodies.
(c) If the parties elect to use a private mediator:
(1) the participants must unanimously agree to use
a private mediator;
(2) the participants must unanimously agree to the
selection of the person to serve as the mediator; and
(3) the mediator must agree to be subject to all time
limits imposed by the executive director, the administrative law judge,
statute, or regulation.
(d) If a private mediator is used, the costs for the
services of the mediator shall be apportioned equally among the participants,
unless otherwise agreed upon in writing by the participants, and shall
be paid directly to the mediator. In no event, however, shall any
such costs be apportioned to a governmental subdivision or entity.
(e) All mediators in commission mediation proceedings
shall subscribe to the ethical guidelines for mediators adopted by
the ADR Section of the State Bar of Texas.
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