SECTION 20.73. Use of Assisted Negotiation Processes

The following factors may help 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 contested case hearing at SOAH is substantial and might outweigh any potential recovery;

(3) The parties want an expedited resolution;

(4) The ultimate outcome is uncertain;

(5) Factual or technical complexity or uncertainty exists and the parties would benefit from the expertise of a third-party for technical assistance or fact-finding;

(6) The parties are having substantial difficulty communicating effectively;

(7) A mediator third party could facilitate each party's realistic evaluation of its case;

(8) There is an on-going relationship between parties;

(9) The parties want to retain control over the outcome;

(10) There is a need to develop creative alternatives to resolve the dispute;

(11) There is a need for flexibility in shaping relief;

(12) The parties need to hear an evaluation of the case from someone other than their representatives.

Source Note: The provisions of this §20.73 adopted to be effective February 12, 2004, 29 TexReg 1196