SECTION 60.403. Qualifications, Standards, and Role of the Mediator

(a) A mediator must have completed a minimum of 40 hours of Texas mediation training as prescribed under Texas Civil Practices and Remedies Code §154.052.

(b) A mediator shall subscribe to the ethical guidelines for mediators adopted by the ADR Section of the State Bar of Texas.

(c) A mediator shall preside over and facilitate the mediation of a contested matter. The mediator shall encourage and assist the parties in reaching a settlement, but may not compel or coerce the parties to enter into a settlement agreement. The mediator is not a decisionmaker in the contested matter.

(d) Unless expressly authorized by the disclosing party, the mediator may not disclose to either party information given in confidence by the other. The mediator shall at all times maintain confidentiality with respect to communications relating to the subject matter of the dispute.

Source Note: The provisions of this §60.403 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective June 1, 2023, 48 TexReg 2694