16 Tex. Admin. Code § 27.143 - Factors Supporting the Use of Assisted Negotiation Processes
The following factors may help 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 contested
case hearing at the State Office of Administrative Hearings is substantial and
may outweigh any potential recovery.
(3) The parties seek an expedited resolution
of the dispute.
(4) The ultimate
outcome of the dispute is uncertain.
(5) There exists factual or technical
complexity or uncertainty that 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 existing relationship between
the 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.
(13) The parties (or aggrieved persons) need
to hear an evaluation of the case from someone other than their
lawyers.
Notes
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