SECTION 175.106. Selection and Payment of Impartial Third Parties

(a) For each matter referred for ADR procedures, the ADR Coordinator shall assign an ITP selected by the parties from the GLO's list of potential ITPs unless the parties agree upon the use of a private ITP.

(b) A private ITP may be hired for commission of ADR procedures provided that:

(1) the parties unanimously agree to the selection and use of a private ITP; and

(2) the private ITP agrees to be subject to the direction of the GLO's ADR Coordinator and to all time limits imposed by the Commissioner, the ADR Coordinator, the judge, or by statute or agency rule.

(c) If a private ITP is used, the costs for the services of the ITP shall be apportioned pro rata among the parties, unless otherwise agreed upon by the parties, and shall be paid directly to the ITP.

(d) If the parties select a GLO ITP for ADR procedures, the costs for the services of the ITP shall be apportioned pro rata among the parties, unless otherwise agreed upon by the parties, and shall be paid directly to the ITP.

Source Note: The provisions of this §175.106 adopted to be effective April 20, 2009, 34 TexReg 2543