Texas Administrative Code

Texas Administrative Code

TITLE 34	PUBLIC FINANCE
PART 1	COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 1	CENTRAL ADMINISTRATION
SUBCHAPTER F	NEGOTIATION AND MEDIATION OF CONTRACT DISPUTES
RULE §1.386	Factors that Support the Use of Assisted Negotiation Processes

The following factors may help the parties decide whether one or more assisted negotiation 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 a contested case hearing at the State Office of Administrative Hearing (SOAH) is substantial and might outweigh any potential recovery;

(3) the parties want an expedited resolution;

(4) the ultimate outcome is uncertain;

(5) expertise of a third party for technical assistance or fact-finding would benefit the parties by clarifying factual or technical complexity or uncertainty that the dispute presents;

(6) the parties are having substantial difficulty communicating with each other effectively;

(7) a mediator could facilitate the parties' realistic evaluation of their respective cases;

(8) an on-going relationship exists among the parties;

(9) the parties want to retain control over the outcome;

(10) the parties need to develop creative alternatives to resolve the dispute;

(11) the parties need flexibility in shaping relief;

(12) at least one party appears to have an unrealistic view of the merits of the party's case; and

(13) the parties need to hear an evaluation of the case from someone other than their respective lawyers.

Source Note: The provisions of this §1.386 adopted to be effective November 29, 2001, 26 TexReg 9631