| (a) The contractor and the department may agree to mediate
the dispute at any time before the 270th day after the department 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 the department may mediate the dispute
even after the case has been referred to 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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