(a) The contractor and Commission may agree to mediate the dispute at any time before the 120th day after the date the claim is filed with the Commission and before the expiration of any extension agreed to by the parties in writing.(b) A contractor and the Commission 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.