| (a) For each contested matter referred for mediation,
the ADR Administrator, as defined under §60.10, shall either:
(1) preside over the mediation proceeding as the mediator;
or
(2) appoint one of the following individuals to serve
as the mediator:
(A) a department employee;
(B) an employee from another Texas state agency; or
(C) a person in the mediation profession who is not
a Texas state employee (private mediator).
(b) A private mediator may be appointed provided that:
(1) the parties unanimously agree to use a private
mediator;
(2) the parties unanimously agree to the selection
of the person to serve as the private mediator; and
(3) the private mediator agrees to be subject to the
direction of the ADR Administrator and to all time limits imposed
by the ADR Administrator, statute or regulation.
(c) If a private mediator or an employee from another
Texas state agency is appointed to serve as the mediator, the costs
for the services of that mediator shall be apportioned equally among
the parties, unless otherwise agreed upon by the parties, and shall
be paid directly to the private mediator or the other Texas state
agency.
(d) Unless the parties agree otherwise in writing,
each party shall be responsible for its own costs incurred in connection
with the mediation, including without limitation, costs of document
reproduction, attorney's fees, consultant fees and expert fees.
(e) The ADR Administrator may assign a substitute or
additional mediator to a proceeding as the ADR Administrator deems
necessary.
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