SECTION 391.753. Conduct of Mediation  


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  • (a) Mediation is a forum in which an impartial person, 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.

    (b) The mediation is subject to the provisions of the Governmental Dispute Resolution Act, Texas Government Code, Chapter 2009. For purposes of this division, "mediation" is assigned the meaning set forth in the Texas Civil Practice and Remedies Code §154.023.

    (c) To facilitate a meaningful opportunity for settlement, the parties shall, to the extent possible, select representatives who are knowledgeable about the dispute, who are in a position to reach agreement, or who can credibly recommend approval of an agreement.

Source Note: The provisions of this §391.753 adopted to be effective May 12, 2021, 46 TexReg 3017