Section 1.386 - Factors that Support the Use of Assisted Negotiation ProcessesThe 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.34 Tex. Admin. Code § 1.386
The provisions of this §1.386 adopted to be effective November 29, 2001, 26 TexReg 9631