Are there any laws governing the Mediation process?
Yes, there are laws in Texas governing the Mediation process. These laws are known as mediation laws, or mediation statutes. Mediation laws in Texas are in place to regulate the process by which two parties in a dispute attempt to reach a mutually satisfactory solution or resolution. In Texas, the Texas Alternatives to Litigation Act (TALA) governs the Mediation process. Under TALA, both parties must cooperate in good faith and remain respectful of each other during the process. Additionally, all discussions during the Mediation must remain confidential, unless both parties opt to waive such confidentiality. Also, the Texas Civil Practice & Remedies Code (Chapter 154) outlines Mediation procedures. Under this code, the parties and their attorneys, if any, must file a written agreement regarding the procedure for the Mediation, such as the date of the Mediation, if there is to be a settlement conference, if jurors are to be present, etc. Additionally, Texas law requires Mediation providers to be certified or licensed by the Texas Supreme Court. Mediation providers must take an exam with the Supreme Court and earn their certification or license before they can legally provide Mediation services in the state of Texas. These various laws and regulations are put in place to ensure that the parties involved in a Mediation are treated fairly and with respect, and that the process is conducted in a way that fosters an effective resolution.
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