(a)For each matter referred for ADR procedures, the
ADR administrator [Administrator] shall mediate
or assign another Commission [commission] mediator
unless the parties agree upon the use of another agency's mediator
or private mediator. The ADR administrator [Administrator
] may assign a substitute or additional mediator to a proceeding
as the ADR administrator [Administrator] deems
necessary.
(b)A private mediator may be hired for Commission [
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 [commission's] ADR administrator
[Administrator] and to all time limits imposed by
the administrator [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 [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 proposal and found it to be within the
state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on February 22, 2022
TRD-202200639 Abby Lee
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 10, 2022
For further information, please call: (512) 936-3057
|