| 1 | 1 | | 84R10871 CAE-D |
|---|
| 2 | 2 | | By: Taylor of Collin S.B. No. 948 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to mediation as an alternative dispute resolution process. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 154.023, Civil Practice and Remedies |
|---|
| 10 | 10 | | Code, is amended by amending Subsection (b) and adding Subsections |
|---|
| 11 | 11 | | (d), (e), (f), and (g) to read as follows: |
|---|
| 12 | 12 | | (b) A mediator may not impose the mediator's [his] own |
|---|
| 13 | 13 | | judgment on the issues for that of the parties. |
|---|
| 14 | 14 | | (d) A mediator must inform all parties to the mediation |
|---|
| 15 | 15 | | that: |
|---|
| 16 | 16 | | (1) the matter being mediated is not being heard |
|---|
| 17 | 17 | | before a state or federal court of law; and |
|---|
| 18 | 18 | | (2) the mediator has no authority to render a legal |
|---|
| 19 | 19 | | judgment. |
|---|
| 20 | 20 | | (e) The mediator must provide notice to all parties that a |
|---|
| 21 | 21 | | person seeking a legal remedy should seek appropriate legal counsel |
|---|
| 22 | 22 | | and may seek a legal remedy from a court of law. |
|---|
| 23 | 23 | | (f) A mediator may not: |
|---|
| 24 | 24 | | (1) conduct any part of the proceeding in a manner |
|---|
| 25 | 25 | | based on the gender of one of the parties, including assessing fees |
|---|
| 26 | 26 | | or reviewing evidence based on the gender of a party; or |
|---|
| 27 | 27 | | (2) advertise that a proceeding before the mediator is |
|---|
| 28 | 28 | | being conducted in a court or tribunal. |
|---|
| 29 | 29 | | (g) A mediator may not be referred to as a judge unless the |
|---|
| 30 | 30 | | mediator has served as a judge of a state or federal court. |
|---|
| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 32 | 32 | | to a mediation proceeding that is commenced on or after the |
|---|
| 33 | 33 | | effective date of this Act. A mediation proceeding that is |
|---|
| 34 | 34 | | commenced before the effective date of this Act is governed by the |
|---|
| 35 | 35 | | law as it existed immediately before that date, and that law is |
|---|
| 36 | 36 | | continued in effect for that purpose. |
|---|
| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|