2025 Application for Credential
Terms and Conditions for Credentialing
1. PURPOSE AND OBJECTIVE: Texas Mediator Credentialing Association ("TMCA") is a non-profit, non-governmental association that promotes quality mediation throughout Texas. TMCA provides annual voluntary credentialing for mediators in Texas. The undersigned is an applicant ("Applicant") seeking one of the TMCA credential designations ("Credential Designation") under the terms and conditions set forth below ("Terms and Conditions").
2. MEANING AND USE OF CREDENTIAL DESIGNATION:
a. Acceptable Use of the TMCA Credential Designation by an Approved Applicant
Subject to these Terms and Conditions, TMCA grants an approved Applicant (referred to in this section as "Credential holder") a non-exclusive and non-transferable right to use the Credential Designation granted to the Credential holder. A Credential holder may only use the Credential Designation exactly as it appears on a Credential holder's Certificate of Credential Designation (the "Mark") in association with a Credential holder's name on promotional displays and advertising materials. The Applicant may not use a Credential Designation or claim to have obtained a Credential Designation from TMCA unless the Applicant has completed the credentialing requirements and has been approved by TMCA. A Credential holder may use a Credential Designation on promotional displays and advertising materials only during the calendar year specified in the Applicant's approved Application for Credential or Application for Renewal.
A Credential holder may not use any TMCA logo and TMCA reserves the right to deny use of the Mark, the TMCA logo, or any other TMCA mark at its sole discretion, at any time and for any reason. The words, spelling, case of the letters, comparative size of the words and letters, grammar, punctuation, and substance of the Mark may not be modified or altered in any way by a Credential holder.
A Credential holder agrees to immediately terminate the use of any Credential Designation granted by TMCA at the request or instruction of TMCA. Such request may be made pursuant to TMCA's Grievance Rules and Procedures or at any time and for any reason determined by TMCA in its sole and exclusive discretion.
Inappropriate use of the Credential Designation will result in the termination of the use of a Credential holder's Credential Designation. Such inappropriate use includes by way of example, but is not limited to, using the Credential Designation to mislead, misrepresent, imply or suggest that (1) the Applicant has obtained a Credential Designation that the Applicant has not, (2) TMCA endorses or recommends the services provided by a Credential holder or a Credential holder's employees, contractors, or affiliates, (3) TMCA has entered into a joint venture, partnership, or relationship with a Credential holder other than having granted a Credential Designation to a Credential holder, (4) the Credential Designation has any meaning or use other than that provided in this document, or (5) any other person, organization, or entity is entitled to the use or benefit of the Credential Designation granted to a Credential holder.
The Applicant acknowledges that, if granted a Credential Designation by TMCA, the Credential holder is not acquiring a license, registration, or credential by, through, or under a governmental agency, and that the Credential Designation is not being acquired pursuant to a government contract.
ACCEPTABLE USE OF THE TMCA CREDENTIAL DESIGNATION
Credential Designation Exact wording that can be used on promotional displays and
advertising materials (identical to Credential Designation)Credentialed Distinguished Mediator Credentialed Distinguished Mediator, Texas Mediator Credentialing Association
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Credentialed Distinguished Mediator, TMCA
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TMCA Credentialed Distinguished MediatorCredentialed Advanced Mediator Credentialed Advanced Mediator, Texas Mediator Credentialing Association
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Credentialed Advanced Mediator, TMCA
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TMCA Credentialed Advanced MediatorCredentialed Mediator Credentialed Mediator, Texas Mediator Credentialing Association
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Credentialed Mediator, TMCA
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TMCA Credentialed MediatorCandidate for Credentialed Mediator Candidate for Credentialed Mediator, Texas Mediator Credentialing Association
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Candidate for Credentialed Mediator, TMCA
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TMCA Candidate for Credentialed Mediator
b. Acceptable Use of TMCA Credential Designation Icons by an Approved Applicant Who Is Classified as a Credentialed Mediator, Credentialed Advanced Mediator, or Credentialed Distinguished Mediator Only
Subject to the following Terms and Conditions, TMCA grants an approved Applicant at the classification level of Credentialed Mediator, Credentialed Advanced Mediator or Credentialed Distinguished Mediator (referred to in this section as "Credential holder") a non-exclusive and non-transferable right to use the Credential Designation Icon that correlates with the Credential Designation granted to a Credential holder.
A Credential holder may use a Credential Designation Icon on promotional displays and advertising materials only if the Credential holder has received approval from TMCA for the named Credential Designation in the year specified within a Credential Designation Icon and only during the calendar year specified in the Credential Designation Icon. After the end of the calendar year, the Credential Designation Icon shall not be used and all references to and use of such Icon shall cease. TMCA reserves the right to deny use of any Credential Designation Icon or any other TMCA mark at its sole discretion, at any time and for any reason. The words, spelling, case of the letters, comparative size of the words and letters, grammar, punctuation, colors, and graphic design of any of the Credential Designation Icons may not be modified or altered in any way by a Credential holder. A Credential holder may use only the downloadable .jpg files which may be found within the Credential holder's Account Center upon logging into txmca.org. All Credential Designation Icons will change each year to reflect the current year. The color versions must be used as provided in the .jpg files. The red is PMS 185 and the blue is PMS 276. Further, the smallest size to which any Credential Designation Icon may be reduced is 3/4" in height in any usage of same.
A Credential holder agrees to immediately terminate the use of any Credential Designation Icon offered for use by TMCA at the end of the calendar year or at the request or instruction of TMCA. Such request may be made pursuant to these guidelines, the TMCA Grievance Rules and Procedures, or at any time and for any reason determined by TMCA in its sole and exclusive discretion.
Inappropriate use of any Credential Designation Icon will result in the termination of the use of a Credential holder's Credential Designation. Such inappropriate use includes by way of example, but is not limited to, using the Credential Designation Icon in a year not specified in the Credential Designation Icon or to mislead, misrepresent, imply, or suggest that (1) the Applicant has obtained a Credential Designation that the Applicant has not, (2) TMCA endorses or recommends the services provided by a Credential holder or a Credential holder's employees, contractors or affiliates, (3) TMCA has entered into a joint venture, partnership, or relationship with a Credential holder other than having granted a Credential Designation to a Credential holder, (4) the Credential Designation Icon has any meaning or use other than that provided in this document or in TMCA's Terms and Conditions for Credentialing, or (5) any other person, organization, or entity is entitled to the use or benefit of the Credential Designation Icon offered for use to a Credential holder.
A Credential holder acknowledges that use of a TMCA Credential Designation Icon does not represent that the Credential holder has acquired a license, registration, or credential by, through, or under a governmental agency, and that the Credential Designation Icon is not being used pursuant to a government contract.
By use of the appropriate corresponding Credential Designation Icon, a Credential holder agrees to the terms and conditions of this section.
3. ETHICS AND GRIEVANCES: The Applicant agrees to abide by TMCA's Standards of Practice and Code of Ethics, and TMCA's Grievance Rules and Procedures; and the Applicant agrees to the terms and provisions of both.
4. CONFIDENTIALITY: The Applicant understands that the matters communicated and records made in mediation are confidential. Such matters may not be disclosed to anyone without the consent of those who participated in the mediation, including the Applicant, unless otherwise provided by (1) TMCA Standards of Practice and Code of Ethics, (2) TMCA Grievance Rules and Procedures, or (3) Texas law.
5. WAIVER OF CONFIDENTIALITY: The Applicant hereby knowingly, intentionally, permanently, and expressly waives, gives up, and relinquishes any confidentiality to which the Applicant may be entitled, whether created by agreement, under the law, or TMCA's Standards of Practice and Code of Ethics, arising out of any mediation which is the subject of a grievance brought against the Applicant under TMCA's Grievance Rules and Procedures including, but not limited to, confidentiality concerning:
- Any communication relating to the subject matter of any civil or criminal complaint made by the Applicant or a participant in a mediation which is the subject of a grievance, whether before or after the institution of formal judicial proceedings; and
- any record made at such a mediation; and
- any agreement for confidentiality the Applicant made or participated in, in connection with such mediation.
The Waiver of Confidentiality in these Terms and Conditions is strictly limited in its application to a grievance brought under the TMCA's Grievance Rules and Procedures.
6. DISCLOSURE: The Applicant authorizes the parties to a mediation that is the subject of a complaint to disclose documents and information as provided in TMCA's Grievance Rules and Procedures.
7. WAIVER OF LIABILITY: THE APPLICANT AGREES THAT TMCA, TMCA'S GRIEVANCE COMMITTEE, THE TMCA BOARD OF DIRECTORS, THOSE ACTING UNDER THE AUTHORITY OF THE COMMITTEE AND THE BOARD, AND THE EMPLOYEES AND REPRESENTATIVES OF TMCA (COLLECTIVELY "THE TMCA AND ITS REPRESENTATIVES"), SHALL NOT (INDIVIDUALLY OR COLLECTIVELY) BE LIABLE TO THE APPLICANT FOR ANY ACT OR OMISSION OF TMCA AND ITS REPRESENTATIVES (INDIVIDUALLY OR COLLECTIVELY), IN CONNECTION WITH ANY CREDENTIAL GRANTED OR DENIED TO THE APPLICANT BY TMCA, OR ANY GRIEVANCE BROUGHT AGAINST THE APPLICANT UNDER TMCA'S GRIEVANCE RULES AND PROCEDURES, OR IN CONNECTION WITH ANY OTHER MATTER ARISING HEREUNDER. THIS WAIVER OF LIABILITY SHALL SPECIFICALLY EXTEND TO LIABILITY CAUSED BY THE NEGLIGENCE OF TMCA AND ITS REPRESENTATIVES.
8. SPECIFIC WAIVER OF CONSUMER RIGHTS: THE APPLICANT WAIVES THE APPLICANT'S RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT, SECTION 17.41 ET SEQ., BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF THE APPLICANT'S SELECTION, THE APPLICANT VOLUNTARILY CONSENTS TO THIS WAIVER.
9. INDEMNITY: THE APPLICANT AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TMCA AND ITS REPRESENTATIVES FROM AND AGAINST ANY AND ALL HARM, DAMAGES, LIABILITY, CLAIMS, CAUSES OF ACTION, COSTS, EXPENSES, AND ATTORNEY'S FEES INCURRED AT ANY TIME BY ANY OF THEM, AND AS THE SAME ARE INCURRED (WITH OR WITHOUT LITIGATION AND PRIOR TO, DURING OR AFTER ANY LITIGATION), AS A RESULT OF ANY ACTION OR CLAIM BROUGHT BY, THROUGH OR UNDER THE APPLICANT. THIS INDEMNITY SHALL SPECIFICALLY EXTEND TO DAMAGES (ETC.) CAUSED BY THE NEGLIGENCE OF TMCA AND ITS REPRESENTATIVES.
10. DISPUTE RESOLUTION PROCEDURE: In the event that any dispute or any issue, except those related to the use of any TMCA mark, shall arise between TMCA and the Applicant, the Applicant agrees to negotiate in good faith to try and resolve said dispute. In the event that such efforts do not resolve the dispute, then the Applicant agrees to attempt to resolve the dispute in mediation. The Applicant agrees that the following dispute resolution procedure shall be used to resolve any such dispute between the Applicant and TMCA prior to any further legal action, such as filing suit, etc.
Mediation shall be commenced by the sending of a notice that:
- must be in writing;
- must be sent to the address contained in the Application for the sending of notices; and
- must be made in good faith, and state with reasonable certainty and in reasonable detail all of the pertinent facts regarding the dispute.
Within fifteen (15) working days (for the purposes of this document, working days include all days except Saturday, Sunday, or any day on which the U.S. Post Office is closed) after the Dispute Resolution Procedure has been invoked by written notice, the Applicant and TMCA shall submit to each other in writing a list of three (3) proposed mediators. The Applicant and TMCA shall then attempt to agree upon a mediator from these lists within five (5) working days. If the Applicant and TMCA are unable to agree within the five (5) working days allotted, then each party shall appoint a mediator ("Appointed Mediator") from their list. The two Appointed Mediators shall then agree upon a mediator ("Mediator") within five (5) working days following their appointment. Neither the Applicant nor TMCA shall file suit until the Dispute Resolution Procedure is completed.
Thereafter, and as soon as is possible, the Applicant and TMCA shall mediate at such a place and time as designated by the Mediator pursuant to Chapter 154, Civil Practice & Remedies Code. The Applicant and TMCA shall continue the mediation until the dispute is resolved by agreement, or the Mediator declares an impasse. The Applicant and TMCA will equally divide the cost of the mediation unless the Applicant and TMCA agree otherwise.
The dispute resolution procedure set forth in this section shall not delay, prevent or obstruct:
- the Applicant's immediate compliance with the terms of this agreement, or
- any proceeding under TMCA's Grievance Rules and Procedures.
The Dispute Resolution Procedure set forth in this section shall not apply to, or have effect in, a dispute arising out of the use of any TMCA mark, or a request or instruction issued by TMCA pursuant to Section 2 of this document: "Use of Credential Designation."
11. COMMENCEMENT AND TERM:
These Terms and Conditions are effective upon:
- Receipt by TMCA of the completed Application for Credential Designation; and
- Receipt by TMCA of these Terms and Conditions completed and signed by the Applicant; and
- Issuance by TMCA of the Certificate of Credential Designation.
These Terms and Conditions are in effect from the effective date until the earlier to occur of the following:
- The failure of the Applicant to timely complete the annual credentialing maintenance requirements for the Credential Designation;
- Notice from TMCA that the Applicant has failed to timely comply with the annual credentialing maintenance requirements for the Credential Designation; or
- Notice from TMCA that the Applicant's Credential Designation has been terminated.
12. MODIFICATION: Any modification by the Applicant to these Terms and Conditions will render the document immediately null and void, and the Applicant will be denied a Credential Designation. TMCA reserves the right to change these Terms and Conditions at any time and for any reason. Such changes will be effective on the Credential renewal date following the date on which the changes are made.
13. COMMUNICATIONS AND NOTICES: All communications between (to and from) TMCA and the Applicant in connection with these Terms and Conditions shall be in writing. The Applicant shall provide to TMCA telephone numbers, addresses, fax numbers, and email addresses through which TMCA can communicate with the Applicant. The Applicant shall keep all contact information current with TMCA. All notices and communications required to be given or sent by TMCA to the Applicant pursuant to these Terms and Conditions may, in TMCA's discretion, be given by certified mail, return receipt requested, electronically, by email to the Applicant's email address, or by facsimile sent to the Applicant's fax number and shall be effective when placed in the mail or sent. Receipt by TMCA of any item, matter or communication in any manner sent to TMCA shall be considered effective and complete when actually received by TMCA.
14. LEGAL RIGHTS: THE APPLICANT UNDERSTANDS THAT SIGNING THIS DOCUMENT CAN AFFECT THE APPLICANT'S LEGAL RIGHTS AND THAT THE APPLICANT SHOULD OBTAIN INDEPENDENT LEGAL ADVICE BEFORE SIGNING.