Section 20.73 - Use of Assisted Negotiation ProcessesThe 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.16 Tex. Admin. Code § 20.73
The provisions of this §20.73 adopted to be effective February 12, 2004, 29 TexReg 1196