| (a) The contractor and HHSC may agree to mediate the
dispute at any time before the 120th day after HHSC receives a notice
of claim of breach of contract, or before the expiration of any extension
agreed to by the parties in writing.
(b) A contractor and HHSC may mediate the dispute even
after the case has been referred to the State Office of Administrative
Hearings (SOAH) for a contested case. SOAH may also refer a contested
case for mediation pursuant to its own rules and guidelines, whether
or not the parties have previously attempted mediation.
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