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§ 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

In one sentenceSection 154.055 gives a volunteer impartial third party immunity from civil liability for acts within the scope of the role, unless the person acted with wanton and wilful disregard, and leaves arbitrator immunities untouched.

Full Text of § 154.055

Text sizeJump to: (a) (b)

(a)A person appointed to facilitate an alternative dispute resolution procedure under this subchapter or under Chapter 152 relating to an alternative dispute resolution system established by counties, or appointed by the parties whether before or after the institution of formal judicial proceedings, who is a volunteer and who does not act with wanton and wilful disregard of the rights, safety, or property of another, is immune from civil liability for any act or omission within the course and scope of his or her duties or functions as an impartial third party. For purposes of this section, a volunteer impartial third party is a person who does not receive compensation in excess of reimbursement for expenses incurred or a stipend intended as reimbursement for expenses incurred.
(b)This section neither applies to nor is it intended to enlarge or diminish any rights or immunities enjoyed by an arbitrator participating in a binding arbitration pursuant to any applicable statute or treaty.
End

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.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source