84R10871 CAE-D
By: Taylor of Collin S.B. No. 948
A BILL TO BE ENTITLED
AN ACT
relating to mediation as an alternative dispute resolution process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.023, Civil Practice and Remedies
Code, is amended by amending Subsection (b) and adding Subsections
(d), (e), (f), and (g) to read as follows:
(b) A mediator may not impose the mediator's [his] own
judgment on the issues for that of the parties.
(d) A mediator must inform all parties to the mediation
that:
(1) the matter being mediated is not being heard
before a state or federal court of law; and
(2) the mediator has no authority to render a legal
judgment.
(e) The mediator must provide notice to all parties that a
person seeking a legal remedy should seek appropriate legal counsel
and may seek a legal remedy from a court of law.
(f) A mediator may not:
(1) conduct any part of the proceeding in a manner
based on the gender of one of the parties, including assessing fees
or reviewing evidence based on the gender of a party; or
(2) advertise that a proceeding before the mediator is
being conducted in a court or tribunal.
(g) A mediator may not be referred to as a judge unless the
mediator has served as a judge of a state or federal court.
SECTION 2. The change in law made by this Act applies only
to a mediation proceeding that is commenced on or after the
effective date of this Act. A mediation proceeding that is
commenced before the effective date of this Act is governed by the
law as it existed immediately before that date, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.