SECTION 20.55. 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) The parties should consider the following factors in any agreement to mediate:

(1) The source of the mediator. Potential sources of mediators include governmental officers or employees who are qualified as mediators under Texas 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 Texas 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 shall contact the mediator source to be sure that it is willing to serve in that capacity. In selecting a mediator, the parties shall use the qualifications set forth in §20.57 of this title (relating to Qualifications and Immunity of the Mediator).

(2) The time period for the mediation. The parties shall allow enough time in which to make arrangements with the mediator and parties to schedule the mediation, to attend and participate in the mediation, and to complete any settlement approval procedures necessary to achieve final settlement.

(3) The location of the mediation.

(4) Allocation of costs of the mediator.

(5) The names of representatives who will attend the mediation on behalf of the parties by name or position within the Commission or contracting entity.

(6) The settlement approval process in the event the parties reach agreement at the mediation.

Source Note: The provisions of this §20.55 adopted to be effective February 12, 2004, 29 TexReg 1196