1 Tex. Admin. Code § 391.729 - Conduct of Negotiation
(a)
Negotiation is a consensual bargaining process in which the parties attempt to
resolve a claim and counterclaim. A negotiation under this division may be
conducted by any method, technique, or procedure authorized under the contract
or agreed upon by the parties, including, without limitation, negotiation in
person, by telephone, by correspondence, by video conference, or by any other
method that permits the parties to identify their respective positions, discuss
their respective differences, confer with their respective advisers, exchange
offers of settlement, and settle.
(b) The parties may conduct negotiations with
the assistance of one or more neutral third parties. If the parties choose to
mediate their dispute, the mediation shall be conducted in accordance with
Texas Government Code §
2260.056. Parties may
choose an assisted negotiation process other than mediation.
(c) To facilitate the meaningful evaluation
and negotiation of the claim(s) and any counterclaim(s), the parties may
exchange relevant documents that support their respective claims, defenses,
counterclaims or positions.
(d)
Material submitted pursuant to this section shall be handled pursuant to the
requirements of the Public Information Act.
Notes
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