| (a) The parties may agree to mediate a claim through
an impartial third party at any time. For purposes of this subchapter,
"mediation" has the meaning set forth in the Civil Practice and Remedies
Code, §154.023. The mediation is subject to the provisions of
the Governmental Dispute Resolution Act, Texas Government Code, Chapter
2009. The parties may be assisted in the mediation by legal counsel
or other individual.
(b) Mediation is a consensual process in which an impartial
third party, the mediator, facilitates communication between the parties
to promote reconciliation, settlement, or understanding among them.
A mediator may not impose his or her own judgment on the issues for
that of the parties. The mediator must be acceptable to both parties.
(c) To facilitate a meaningful opportunity for mediated
settlement, the parties shall, to the extent possible, select representatives
who know the subject matter of the dispute, are in a position to reach
agreement, and can credibly recommend approval of an agreement.
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