: Texas Register

Texas Register

TITLE 22	EXAMINING BOARDS
PART 23	TEXAS REAL ESTATE COMMISSION
CHAPTER 533	PRACTICE AND PROCEDURE
SUBCHAPTER C	ALTERNATIVE DISPUTE RESOLUTION
RULE §533.32	Appointment of Mediator
ISSUE	05/20/2022
ACTION	Final/Adopted

Preamble

Texas Admin Code Rule

(a)For each matter referred for ADR procedures, the ADR administrator shall mediate or assign another Commission mediator, unless the parties agree upon the use of another agency's mediator or private mediator. The ADR administrator may assign a substitute or additional mediator to a proceeding as the ADR administrator deems necessary.

(b)A private mediator may be hired for Commission ADR procedures 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 mediator; and

(3)the mediator agrees to be subject to the direction of the Commission's ADR administrator and to all time limits imposed by the administrator, statute, or regulation.

(c)If a private mediator is used, the costs for the services of the mediator shall be apportioned equally among the parties, unless otherwise agreed upon by the parties, and shall be paid directly to the mediator.

(d)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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 5, 2022

TRD-202201770

Abby Lee

Deputy General Counsel

Texas Real Estate Commission

Effective date: May 25, 2022

Proposal publication date: March 11, 2022

For further information, please call: (512) 936-3057

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