Sec. 541.161. MEDIATION. (a) A party may, not later than the 90th day after the date a pleading seeking relief under this subchapter is served, file a motion to compel mediation of the dispute in the manner provided by this section.
(b) The court shall, not later than the 30th day after the date a motion under this section is filed, sign an order setting the time and place of the mediation.
(c) The court shall appoint a mediator if the parties do not agree on a mediator.
(d) The mediation must be held not later than the 30th day after the date the order is signed, unless:
(1) the parties agree otherwise; or
(2) the court determines that additional time not to exceed 30 days is warranted.
(e) Each party who has appeared in the action, except as agreed to by all parties who have appeared, shall:
(1) participate in the mediation; and
(2) except as provided by Subsection (f), share the mediation fee.
(f) A party may not compel mediation under this section if the amount of actual damages claimed is less than $15,000 unless the party seeking to compel mediation agrees to pay the costs of the mediation.
(g) Except as provided by this section, the following apply to the appointment of a mediator and the mediation process provided by this section:
(1) Section 154.023, Civil Practice and Remedies Code; and
(2) Subchapters C and D, Chapter 154, Civil Practice and Remedies Code.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
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