(a) The following conduct constitutes bad faith participation for purposes of this chapter:
(1) failing to participate in the informal settlement teleconference under Section 1467.084(d) or an arbitration or mediation under this chapter;
(2) failing to provide information the arbitrator or mediator believes is necessary to facilitate a decision or agreement; or
(3) failing to designate a representative participating in the arbitration or mediation with full authority to enter into any agreement.
(b) Failure to reach an agreement under Subchapter B is not conclusive proof of bad faith participation.