SECTION 34.25. 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 subchapter may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties. If the parties choose to mediate, it shall be conducted in accordance with Subchapter C of this chapter.

(b) 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.

Source Note: The provisions of this §34.25 adopted to be effective February 6, 2001, 26 TexReg 1170