Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter E - TEXAS WINDSTORM INSURANCE ASSOCIATION › Division 4 - CONSUMER ASSISTANCE; CLAIM PROCESSES › Section 5.4236 - Mediation Process - Mediator Obligations

Current through Reg. 49, No. 28; July 12, 2024
(a) Conflicts. A mediator must disclose to
					 both parties any conflicts of interest. Conflicts of interest are listed in
					 §
											5.4232
					 of this title (relating to Mediation Process - Mediator Qualifications and
					 Conflicts of Interest). The mediator must disclose the conflicts of interest no
					 later than the fifth day after being hired, and before the mediation begins. A
					 mediator may not serve as mediator in a dispute for which the mediator has a
					 disqualifying conflict of interest.
(b) Schedule mediation. The mediator must set
					 the date, time, and place for the mediation. The mediator must work with the
					 parties to set a time that is convenient for all. The mediator should set the
					 length of the mediation based on the type of policy, and value and complexity
					 of the dispute.
(c) Location. The
					 mediator must hold the mediation in the county in which the property is
					 located, or in another county to which the parties and mediator agree. The
					 mediator must locate and arrange for a mediation facility.
(d) Notice to parties. The mediator must
					 notify the parties in writing of the date, time, and place for the mediation as
					 soon as possible, but no later than the 14th day before the
					 mediation.
(e) Reschedule. The
					 mediator must reschedule the mediation if either party asks, and the other
					 party does not object. The mediator may reschedule for good cause, even if the
					 other party objects. Good cause includes significant illness, injury, or other
					 emergency that the parties could not control and, for the association, could
					 not reasonably be remedied before the mediation by providing a replacement
					 representative or otherwise.
(f)
					 Review information. The mediator must review all information that the parties
					 submit.
(g) Conduct mediation. The
					 mediator should encourage and assist the parties in reaching a settlement, but
					 may not compel or coerce them. The mediator must give the parties an
					 opportunity to present their sides of the dispute. The mediator must inform the
					 parties of the strengths and weaknesses of their positions. The mediator may
					 meet with the parties separately.
(h) Termination. The mediator may terminate
					 the mediation if either party fails to negotiate in good faith. The mediator
					 may also terminate the mediation for other reasons.
(i) Confidentiality. The mediator may not
					 disclose to either party information given in confidence unless the disclosing
					 party expressly authorizes disclosure in writing. The mediator's activities are
					 confidential and privileged. Unless required by other law, no one may call the
					 mediator as a witness in any further proceedings regarding the claim.
(j) Agreement. If the parties agree to settle
					 the dispute, the mediator must ensure that the parties sign a written
					 agreement.
(k) Mediator ethics. A
					 mediator must comply with the Ethical Guidelines for Mediators adopted by the
					 Texas Supreme Court on June 13, 2005, in Miscellaneous Docket No. 05-9107,
					 amended April 11, 2011, in Miscellaneous Docket 11-9062.
(l) Fees. The mediator must disclose all fees
					 and must state whether the mediator charges for a minimum number of hours. The
					 mediator may specify different charges for different types or values of claims.
					 This subsection does not apply to department-selected mediators under §
											5.4235
					 of this title (relating to Mediation Process - Mediator Selection by
					 Department).