31 Tex. Admin. Code § 51.216 - Agreement to Mediate
(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.
Notes
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