SECTION 1.32. Selection of a Neutral Third Party

(a) For each matter referred for ADR procedures, the ADR coordinator may select a neutral third party to facilitate the proceeding. The ADR coordinator may assign a substitute or additional neutral third party to a proceeding as he or she deems necessary.

(b) If all the participants agree upon the use of a private mediator, a private mediator may be hired for agency ADR procedures provided that:

(1) the participants unanimously agree to the selection of the person to serve as the mediator;

(2) the mediator agrees to be subject to the direction of the commission's ADR coordinator and to all time limits imposed by the coordinator, the ALJ, if applicable, and all statutes or regulations that apply;

(3) the participants unanimously agree upon the manner in which costs for the services of the mediator will be apportioned among the participants;

(4) fees shall be paid directly to the mediator.

(5) All mediators in Board mediation proceedings shall subscribe to the ethical guidelines for mediators adopted by the ADR Section of the State Bar of Texas.

(c) SOAH mediators, employees of other governmental bodies who are trained mediators, and private pro bono mediators may be assigned to contested cases as needed, provided that:

(1) each mediator shall first have received 40 hours of training as prescribed by Texas law.

(2) each mediator shall have some expertise in the area of the contested matter.

(3) if the mediator is an ALJ at SOAH, that person may not also sit as the judge for the case if the contested case goes to a formal contested case hearing.

Source Note: The provisions of this §1.32 adopted to be effective February 26, 2004, 29 TexReg 1658