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Office of Business Opportunity
Mediation
Pursuant to Section 15-84(b) of the City of Houston’s (“City”) Code of Ordinances, and as outlined in the Office of Business Opportunity’s (“OBO”) Policies and Procedures, OBO provides mediation services in an attempt to resolve contract disputes between Prime contractors and certified MWSBE subcontractors listed for goal credit on an awarded contract. Mediation is a confidential process guided by a certified and trained mediator serving as a neutral third-party to assist disputing parties achieve and document specific, mutually agreed upon solutions found to be satisfactory to both parties. The role of the mediator is to facilitate the generation of objective solutions providing for the parties to meet and adhere to the actions and goals of the contract terms. The mediator will not make decisions or impose solutions. Participation in the mediation process is voluntary; however, the Prime’s participation, or lack thereof, will be considered in the Prime contractor’s final good faith efforts evaluation.
A Mediated Settlement Agreement will memorialize the agreed upon terms resulting from the mediation session. In the event that a term(s) violates City of Houston policies, the term(s) will be invalidated and severed from the agreement. The Settlement Agreement is final and it is expected that every attempt is made for all parties that agree to the terms listed in the Mediated Settlement Agreement adhere to them in good faith. If any dispute is not resolved pursuant to the foregoing process, either party may leverage other remedies available to them under applicable law.
If you are a certified MWSBE subcontractor listed for goal credit or a Prime contractor experiencing a conflict with a goal credit subcontractor on an awarded contract, you may request mediation by completing the form below after completing Steps 1-2.
The Prime contractor and certified MWSBE subcontractor listed for goal credit must make reasonable attempt(s) to resolve their disputes involving the terms, covenants, or conditions of this subcontract. Resolution attempts must be documented and included with your request for mediation. If the issue is not resolved, continue to Step 2.
Work directly with the Contract Compliance Officer assigned to the contract, including the parties with decision-making authority for each party, to attempt to resolve the contract dispute. The Prime contractor and certified MWSBE subcontractor listed for goal credit may also meet with the Compliance Supervisor or Division Manager in addition to, or in place of, the Compliance Officer. To identify the assigned Contract Compliance Officer, go to https://houston.mwdbe.com/. If the issue is not resolved, continue to Step 3.
If you desire to request mediation after completing Steps 1 and 2 above, submit the formal Request for Mediation via the form below.
Please complete the form below and your responses will be forwarded to the OBO Mediation Team.