(a) The contractor and the department may agree to mediate the dispute at any time before the 120th day after the department receives a notice of claim of breach of contract, or before the expiration of any extension agreed to by the parties in writing.     
      (b) A contractor and the department may mediate the dispute even after the case has been referred to SOAH for a contested case. SOAH may also refer a contested case for mediation pursuant to its own rules and guidelines, whether or not the parties have previously attempted mediation.     
     Source Note:        The provisions of this §1.1815 adopted to be effective November 27, 2000, 25 TexReg 11658; amended to be effective May 9, 2007, 32 TexReg 2469