SECTION 3.68. Conduct of Negotiation

(a) Negotiation is a consensual bargaining process in which the parties attempt to resolve a claim and counterclaim. The parties may conduct a negotiation under this subchapter by any means authorized under the contract or agreed upon by the parties. The parties may conduct negotiations with the assistance of one or more neutral third parties. The parties may agree to mediate their dispute in accordance with §§3.73-80 of this subchapter or may agree to use an assisted negotiation process other than mediation.

(b) To facilitate meaningful evaluation and negotiation of the claims and any counterclaims, the parties may exchange relevant documents supporting their respective claims, defenses, counterclaims, or positions. To the extent possible, the parties must select representatives who know the subject matter of the dispute, are in a position to reach agreement, and can credibly recommend approval of an agreement.

Source Note: The provisions of this §3.68 adopted to be effective November 25, 2019, 44 TexReg 7186