Section 3.73 - Agreement to Mediate; Conduct of Mediation(a) The parties may agree to mediate a claim through an impartial third party at any time. For purposes of this subchapter, "mediation" has the meaning set forth in the Civil Practice and Remedies Code, § 154.023. The mediation is subject to the provisions of the Governmental Dispute Resolution Act, Texas Government Code, Chapter 2009. The parties may be assisted in the mediation by legal counsel or other individual.(b) Mediation is a consensual process in which an impartial third party, the mediator, facilitates communication between the parties to promote reconciliation, settlement, or understanding among them. A mediator may not impose his or her own judgment on the issues for that of the parties. The mediator must be acceptable to both parties.(c) To facilitate a meaningful opportunity for mediated settlement, the parties shall, to the extent possible, select representatives who know the subject matter of the dispute, are in a position to reach agreement, and can credibly recommend approval of an agreement.31 Tex. Admin. Code § 3.73
Adopted by Texas Register, Volume 44, Number 47, November 22, 2019, TexReg 7186, eff. 11/25/2019