The 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.

Source Note: The provisions of this §1.386 adopted to be effective November 29, 2001, 26 TexReg 9631