(a) Applicability. The following mediator obligations
apply when the department selects a mediator, under §5.4235 of
this title (relating to Mediation Process - Mediator Selection by
Department).
(b) Notices. No later than the seventh day after receiving
notice of selection to mediate a dispute, the mediator must send a
notice to the parties. This deadline may not be extended. The notice
must:
(1) be in writing;
(2) inform the parties that the mediator has been selected;
(3) state whether the mediator is insured by the association;
and
(4) inform the parties of their right to object to
the mediator under §5.4235 and §5.4252 of this title (relating
to Objections).
(c) Disposition. The mediator must notify the department
when the mediation is complete, whether or not the parties have reached
an agreement.
(d) Contract. Before the mediation, the parties and
the selected mediator must sign a mediation contract. The contract
must require:
(1) the parties and the mediator to comply with this
division; and
(2) each party to pay one-half of all costs of mediation
described in §5.4240 of this title (relating to Mediation Process
- Costs).
(e) Fees. The mediator must charge an hourly rate of
$150 and may charge a four-hour minimum fee. The mediator may charge
for reasonable incurred travel costs, including mileage, meals, and
lodging, according to the travel regulations adopted by the Texas
Comptroller of Public Accounts under Government Code §660.021.
The mediator must provide an estimate of travel costs as an addendum
to the contract under subsection (d) of this section.
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