The following factors may help the parties decide whether one or more assisted negotiation processes could help resolve their dispute:

1. (1) the parties recognize the benefits of an agreed resolution of the dispute;
2. (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. (3) the parties want an expedited resolution;
4. (4) the ultimate outcome is uncertain;
5. (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. (6) the parties are having substantial difficulty communicating with each other effectively;
7. (7) a mediator could facilitate the parties' realistic evaluation of their respective cases;
8. (8) an on-going relationship exists among the parties;
9. (9) the parties want to retain control over the outcome;
10. (10) the parties need to develop creative alternatives to resolve the dispute;
11. (11) the parties need flexibility in shaping relief;
12. (12) at least one party appears to have an unrealistic view of the merits of the party's case; and
13. (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.