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