Sec. 172.206. CONFIDENTIALITY. (a) Evidence of anything said or of an admission made in the course of a conciliation is not admissible in evidence, and disclosure of that evidence may not be compelled in an arbitration or civil action in which, under law, testimony may be compelled to be given.
(b) Except as provided by a document prepared for the purpose of, in the course of, or pursuant to the conciliation, the document or a copy of the document is not admissible in evidence, and disclosure of the document may not be compelled in an arbitration or civil action in which, under law, testimony may be compelled to be given.
(c) Subsection (a) does not limit the admissibility of evidence if each party participating in conciliation consents to the disclosure.
(d) If evidence is offered in violation of this section, the arbitration tribunal or the court shall make any order it considers appropriate to deal with the matter, including an order restricting the introduction of evidence or dismissing the case without prejudice.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-23 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 7 - Alternate Methods of Dispute Resolution
Chapter 172 - Arbitration and Conciliation of International Commercial Disputes
Subchapter H. Provisions Relating Only to Conciliation
Section 172.202. Appointment of Conciliator
Section 172.203. Conduct of Conciliation
Section 172.204. Representation and Assistance
Section 172.205. Draft Conciliation Settlement
Section 172.206. Confidentiality
Section 172.207. Stay of Arbitration and Resort to Other Proceedings
Section 172.208. Termination of Conciliation
Section 172.209. Conflict of Interest
Section 172.210. Participation Not Waiver of Rights
Section 172.211. Enforceability
Section 172.213. No Consent to Jurisdiction