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
Section 1.386 - Factors that Support the Use of Assisted Negotiation Processes
Current through Reg. 50, No. 13; March 28, 2025
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.
