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Tex. Civ. Prac. & Rem. Code § 154.053

STANDARDS AND DUTIES OF IMPARTIAL THIRD PARTIES

Applied in 7 court decisions — leading case Woon Hur v. City of Mesquite (1995)

Most recently applied in Hydroscience Technologies, Inc v. Hydroscience, Inc, Whitehall Corp, Aviation Sales Company (May 2013)

Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff

How often courts cite this section

199220002010201310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A person appointed to facilitate an alternative dispute resolution procedure under this subchapter shall encourage and assist the parties in reaching a settlement of their dispute but may not compel or coerce the parties to enter into a settlement agreement.

(b) Unless expressly authorized by the disclosing party, the impartial third party may not disclose to either party information given in confidence by the other and shall at all times maintain confidentiality with respect to communications relating to the subject matter of the dispute.

(c) Unless the parties agree otherwise, all matters, including the conduct and demeanor of the parties and their counsel during the settlement process, are confidential and may never be disclosed to anyone, including the appointing court.

(d) Each participant, including the impartial third party, to an alternative dispute resolution procedure is subject to the requirements of Subchapter B, Chapter 261, Family Code, and Subchapter C, Chapter 48, Human Resources Code.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.