(a) For each matter referred for ADR procedures, the ADR administrator shall mediate or assign another Commission mediator, unless the parties agree upon the use of another agency's mediator or private mediator. The ADR administrator may assign a substitute or additional mediator to a proceeding as the ADR administrator deems necessary.
(b) A private mediator may be hired for Commission ADR procedures provided that:
  (1) the parties unanimously agree to use a private mediator;
  (2) the parties unanimously agree to the selection of the person to serve as the mediator; and
  (3) the mediator agrees to be subject to the direction of the Commission's ADR administrator and to all time limits imposed by the administrator, statute, or regulation.
(c) If a private mediator is used, the costs for the services of the mediator shall be apportioned equally among the parties, unless otherwise agreed upon by the parties, and shall be paid directly to the mediator.
(d) All mediators in Commission mediation proceedings shall subscribe to the ethical guidelines for mediators adopted by the ADR Section of the State Bar of Texas.

Source Note: The provisions of this §533.32 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective May 25, 2022, 47 TexReg 3050