Texas Register
TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 533PRACTICE AND PROCEDURE
RULE §533.32Appointment of Mediator
ISSUE 08/24/2007
ACTION Emergency
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.

This agency hereby certifies that the emergency adoption has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 13, 2007

TRD-200703569

Loretta DeHay

Interim Administrator and General Counsel

Texas Real Estate Commission

Effective Date: September 1, 2007

Expiration Date: December 29, 2007

For further information, please call: (512) 465-3900

 

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