SECTION 20.41. Conduct of Negotiation

(a) The parties may conduct a negotiation under the rules of this division 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 the rules in this division. Parties may choose an assisted negotiation process other than mediation, including without limitation, processes described in this division.

(c) To facilitate the meaningful evaluation and negotiation of the claim and any counterclaim, the parties may exchange relevant documents that support their respective claims, defenses, counterclaims, or positions.

(d) Material submitted pursuant to this section and claimed to be confidential by the contractor shall be handled pursuant to the requirements of Texas Government Code, Chapter 552.

Source Note: The provisions of this §20.41 adopted to be effective February 12, 2004, 29 TexReg 1196