(a)Except as provided in subsections (c) and (d) of
this section, communications [a communication relating
to the subject matter] made by a participant during [
in an] Alternative Dispute Resolution (ADR) concerning
the subject matter of the ADR, are [procedure, whether
before or after the institution of formal ADR proceedings, is]
confidential, [is] not subject to disclosure, and may not
be used as evidence in any [further] proceeding.
(b)Any notes or record made of or during [
an] ADR [procedure] are confidential, and participants,
including the mediator, may not be required to testify in any proceedings
relating to or arising out of the matter in dispute or be subject
to process requiring disclosure of confidential information or data
relating to or arising out of the matter in dispute.
(c)An oral communication or written material used
in or made a part of [an] ADR [procedure] is
admissible or discoverable only if it is admissible or discoverable
independent of ADR [the procedure].
(d)If this section conflicts with other legal requirements
for disclosure of communications or materials, the issue of confidentiality
may be presented to the judge to determine, in camera, whether the
facts, circumstances, and context of the communications or materials
sought to be disclosed warrant a protective order or whether the communications
or materials are subject to disclosure.
(e)All communications in a mediation between parties
and between each party and the mediator are confidential. No shared
information will be given to the other party unless the party sharing
the information explicitly gives the mediator permission to do so.
Material provided to the mediator will not be provided to other parties
and will not be filed or become part of the contested case record.
All notes taken during [the] mediation [conference]
will be destroyed at the end of the process.
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 28, 2022
TRD-202200707 Kathleen Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: April 10, 2022
For further information, please call: (512) 936-3088
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