SECTION 5.4237. Mediation Process - Additional Obligations for Department-Selected Mediators

(a) Applicability. The following mediator obligations apply when the department selects a mediator, under §5.4235 of this title (relating to Mediation Process - Mediator Selection by Department).

(b) Notices. No later than the seventh day after receiving notice of selection to mediate a dispute, the mediator must send a notice to the parties. This deadline may not be extended. The notice must:

(1) be in writing;

(2) inform the parties that the mediator has been selected;

(3) state whether the mediator is insured by the association; and

(4) inform the parties of their right to object to the mediator under §5.4235 and §5.4252 of this title (relating to Objections).

(c) Disposition. The mediator must notify the department when the mediation is complete, whether or not the parties have reached an agreement.

(d) Contract. Before the mediation, the parties and the selected mediator must sign a mediation contract. The contract must require:

(1) the parties and the mediator to comply with this division; and

(2) each party to pay one-half of all costs of mediation described in §5.4240 of this title (relating to Mediation Process - Costs).

(e) Fees. The mediator must charge an hourly rate of $150 and may charge a four-hour minimum fee. The mediator may charge for reasonable incurred travel costs, including mileage, meals, and lodging, according to the travel regulations adopted by the Texas Comptroller of Public Accounts under Government Code §660.021. The mediator must provide an estimate of travel costs as an addendum to the contract under subsection (d) of this section.

Source Note: The provisions of this §5.4237 adopted to be effective February 14, 2013, 38 TexReg 653