Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 10 - TEXAS WATER DEVELOPMENT BOARD
Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION
Subchapter C - MEDIATION OF CONTRACT DISPUTES
Section 380.43 - Agreement to Mediate
Universal Citation: 31 TX Admin Code ยง 380.43
Current through Reg. 49, No. 38; September 20, 2024
(a) The parties may agree to use mediation 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:
(A) governmental officers or employees who
are qualified as mediators under Texas Civil Practice and Remedies Code, §
154.052;
(B) private mediators;
(C) SOAH;
(D) the Center for Public Policy Dispute
Resolution at The University of Texas School of Law;
(E) an alternative dispute resolution system
created under Texas Civil Practice and Remedies Code, Chapter 152; or
(F) another state or federal agency or
through a pooling agreement with several state agencies. Before naming a
mediator source in a contract, the parties shall contact the mediator source to
be sure that it is willing and able to serve in that capacity. In selecting a
mediator, the parties shall use the qualifications set forth in subsection
§
380.44
of this chapter (relating to Qualifications and Immunity of
Mediator).
(2) The time
period for the mediation. The parties shall try to allow enough time in which
to make arrangements with the mediator 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
mediation.
(5) The identification
of representatives who will attend the mediation on behalf of the parties. If
possible, each party shall supply the other with the names and/or positions of
the representatives they will send to mediation at least 10 days before the
first scheduled mediation session.
(6) The settlement approval process in the
event the parties reach agreement at the mediation.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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