| (a) Parties may agree to use mediation as an option to resolve
a breach of contract claim at the time they enter into the contract and include
a contractual provision to do so. The parties may mediate a breach of contract
claim even absent a contractual provision to do so if both parties agree.
(b) Any agreement to mediate should include consideration of
the following factors:
(1) The source of the mediator. Potential sources of mediators
include governmental officers or employees who are qualified as mediators
under Civil Practice and Remedies Code, §154.052, private mediators,
SOAH, the Center for Public Policy Dispute Resolution at The University of
Texas School of Law, an alternative dispute resolution system created under
Civil Practice and Remedies Code, Chapter 152, or another state or federal
agency or through a pooling agreement with several state agencies. Before
naming a mediator source in a contract, the parties should contact the mediator
source to be sure that it is willing to serve in that capacity. In selecting
a mediator, the parties should use the qualifications set forth in §51.217
of this title (relating to Qualifications and Immunity of Mediator).
(2) The time period for the mediation. The parties should allow
enough time in which to make arrangements with the mediator and attending
parties to schedule the mediation, to attend and participate in the mediation,
and to complete any settlement approval procedures necessary to achieve final
settlement. While this time frame can vary according to the needs and schedules
of the mediator and parties, it is important that the parties allow adequate
time for the process.
(3) The location of the mediation.
(4) Allocation of costs of the mediator.
(5) The identification of representatives who will attend the
mediation on behalf of the parties, if possible, by name or position within
the governmental unit or contracting entity.
(6) The settlement approval process in the event the parties
reach agreement at the mediation.
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