§ 154.055.Qualified Immunity of Impartial Third Parties
Title 7. Alternate Methods of Dispute Resolution · Chapter 154. Alternative Dispute Resolution Procedures · Subchapter C. Impartial Third Parties · Last amended 1993 · Last verified August 29, 2026
Full Text of § 154.055
Plain-English Summary
Immunity here is narrow, and the narrowing word is "volunteer."
The immunity covers acts and omissions within the course and scope of the person’s duties as an impartial third party.
It applies however the person came to serve — appointed under this subchapter, appointed under a county system in Chapter 152, or chosen by the parties before or after suit was filed.
The person must be a volunteer. The section defines one as a person who receives no compensation beyond reimbursement for expenses incurred, or a stipend intended as reimbursement.
Paid neutrals are outside the section. A professional mediator charging a fee under Section 154.054 does not have this immunity.
The immunity is qualified. It is lost by acting with wanton and wilful disregard of the rights, safety, or property of another.
Arbitrators are excluded from the section entirely. Subsection (b) says the section neither applies to nor enlarges or diminishes the rights or immunities of an arbitrator in a binding arbitration under any applicable statute or treaty.
The distinction runs through the chapter. A volunteer helping neighbors settle is protected; a professional deciding a binding arbitration is governed by other law.
Frequently Asked Questions
Who gets immunity under this section?
A volunteer impartial third party — one who receives nothing beyond reimbursement for expenses or a stipend intended as reimbursement.
Is a paid mediator immune?
Not under this section, which is limited to volunteers.
When is the immunity lost?
Where the person acted with wanton and wilful disregard of the rights, safety or property of another.
Does it cover arbitrators?
No. The section neither applies to nor changes an arbitrator’s rights or immunities in a binding arbitration.
Amendment History
- Added by Acts 1993, 73rd Leg., ch. 875, Sec. 1, eff. Sept. 1, 1993.