34 Tex. Admin. Code § 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.

Notes

34 Tex. Admin. Code § 1.386

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