(a) For each contested matter referred for mediation, the ADR Administrator, as defined under §60.10, shall either:
  (1) preside over the mediation proceeding as the mediator; or
  (2) appoint one of the following individuals to serve as the mediator:
    (A) a department employee;
    (B) an employee from another Texas state agency; or
    (C) a person in the mediation profession who is not a Texas state employee (private mediator).
(b) A private mediator may be appointed 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 private mediator; and
  (3) the private mediator agrees to be subject to the direction of the ADR Administrator and to all time limits imposed by the ADR Administrator, statute or regulation.
(c) If a private mediator or an employee from another Texas state agency is appointed to serve as the mediator, the costs for the services of that mediator shall be apportioned equally among the parties, unless otherwise agreed upon by the parties, and shall be paid directly to the private mediator or the other Texas state agency.
(d) Unless the parties agree otherwise in writing, each party shall be responsible for its own costs incurred in connection with the mediation, including without limitation, costs of document reproduction, attorney's fees, consultant fees and expert fees.
(e) The ADR Administrator may assign a substitute or additional mediator to a proceeding as the ADR Administrator deems necessary.

Source Note: The provisions of this §60.402 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective June 1, 2023, 48 TexReg 2694