1 Tex. Admin. Code § 391.755 - 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) Any agreement to mediate should include
consideration of the following factors:
(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, the State Office of Administrative Hearings, 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 should contact the mediator source to be sure that
it is willing to serve in that capacity. In selecting a mediator, the parties
should use the qualifications set forth in §391.757 of this division
(relating to Qualifications and Immunity of the Mediator).
(2) The time period for the mediation. The
parties should allow enough time in which to make arrangements with the
mediator and attending parties to schedule the mediation, to attend and
participate in the mediation, and to complete any settlement approval
procedures necessary to achieve final settlement. Both parties must allow
adequate time for the process.
(3)
The location of the mediation.
(4)
Allocation of costs of the mediator.
(5) The identification of representatives who
will attend the mediation on behalf of the parties, if possible, by name or
position within the governmental unit or contracting entity.
(6) The settlement approval process in the
event the parties reach agreement at the mediation.
Notes
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