§ 172.202.Appointment of Conciliator

Who the conciliator is, and how that person is chosen.

The parties may select the conciliator themselves. The section puts the choice first with them.

They may also delegate the choice to an arbitration tribunal or another third party.

More than one conciliator is possible. The section speaks of one or more persons serving.

The conciliator’s role is described by its manner. The person assists the parties in an independent and impartial manner.

The goal is stated too — to reach an amicable settlement of the dispute.

Nothing here gives the conciliator power to decide. The role is assistance, and Section 172.205 confirms that a party need not accept a proposed settlement.

Disclosure obligations attach. Section 172.056 applies to a person contacted about serving as a conciliator, on the same 21-day terms as an arbitrator.

Serving as conciliator has a consequence later. Section 172.209 bars that person from serving as an arbitrator or taking part in an arbitration or judicial proceeding in the same dispute unless each party consents.

The conciliator is protected from liability by Section 172.215, and from service of process while present in Texas by Section 172.214.