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