SECTION 55.74. Appointment of the Mediator

(a) For each claim referred for mediation, the ADR Administrator shall:

(1) preside over the mediation proceeding;

(2) assign a Departmental mediator;

(3) appoint a mediator from another state agency; or

(4) appoint a private mediator.

(b) A private mediator may be hired 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 private mediator; and

(3) the private mediator agrees to be subject to the direction of the ADR Administrator and to all time limits imposed by the ADR Administrator, statute or regulation.

(c) If a private mediator or a mediator from another state agency 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) Unless the parties agree otherwise in writing, each party shall be responsible for its own costs incurred in connection with the mediation, including without limitation, costs of document reproduction, attorney's fees, consultant fees and expert fees.

(e) The ADR Administrator may assign a substitute or additional mediator to a proceeding as the ADR Administrator deems necessary.

Source Note: The provisions of this §55.74 adopted to be effective July 1, 2009, 34 TexReg 4323