(a) Parties to a contract dispute under Texas Government Code,
Chapter 2260 may agree, either contractually or when a dispute arises, to
use other assisted negotiation and mediation (alternative dispute resolution)
processes in addition to negotiation and mediation to resolve their dispute.
(b) Factors Supporting the Use of Other Assisted Negotiation
or Mediation Processes. The following factors may help parties decide whether
one or more of the other assisted negotiation and mediation processes could
help resolve their dispute:
(1) The parties recognize the benefits of an agreed resolution
of the dispute;
(2) The expense of proceeding to contested case hearing
at SOAH is substantial and might outweigh any potential recovery;
(3) The parties want an expedited resolution;
(4) The ultimate outcome is uncertain;
(5) There exists factual or technical complexity or uncertainty
which would benefit from expertise of a third-party expert for technical assistance
or fact-finding;
(6) The parties are having substantial difficulty communicating
effectively;
(7) A mediator third party could facilitate the parties'
realistic evaluation of their respective cases;
(8) There is an on-going relationship that exists between
parties;
(9) The parties want to retain control over the outcome;
(10) There is a need to develop creative alternatives
to resolve the dispute;
(11) There is a need for flexibility in shaping relief;
(12) The other side has an unrealistic view of the merits
of their case; or
(13) The parties (or aggrieved persons) need to hear an
evaluation of the case from someone other than their lawyers.
|