From the Hotline: Starting the mediation process

July 01, 2023

Members have been asking how their clients can initiate the mediation process when they are in a dispute with the other party.

The TREC contracts require that any dispute not resolved by informal negotiation be submitted to a mutually acceptable mediator. To begin the process, the client can perform internet research on local mediation service providers. Additionally, some counties have dispute resolution centers where parties can obtain mediation services. For a list of dispute resolution centers in Texas, visit guides.sll.texas.gov/legal-assistance-organizations/dispute-resolution. Both parties to the dispute have to agree on which mediation service provider to use and must split the cost of the mediation equally.

Remember that the dispute is between the parties—not the agents or brokers. You may be able to provide documents or facts that your clients need for their mediation, but take care not to participate in any manner that could be construed as the unauthorized practice of law. If your clients require assistance with the mediation process, they should consult with a private attorney to obtain that assistance.

–Ryan Bauman, Staff Attorney

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