Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 10 - TEXAS WATER DEVELOPMENT BOARD
Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION
Subchapter B - NEGOTIATION OF CONTRACT DISPUTES
Section 380.25 - Conduct of Negotiation

Universal Citation: 31 TX Admin Code ยง 380.25

Current through Reg. 49, No. 38; September 20, 2024

(a) Negotiation is a consensual bargaining process in which the parties attempt to resolve a claim and counterclaim. Negotiation under this subchapter may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties, including, without limitation, negotiation:

(1) in person;

(2) by telephone;

(3) by correspondence;

(4) by video conference; or

(5) by any other method that permits the parties to:
(A) identify their respective positions;

(B) discuss their respective differences;

(C) confer with their respective advisers;

(D) exchange offers of settlement; and

(E) settle, if possible.

(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 Subchapter C of this chapter. The parties may choose an assisted negotiation process other than mediation, including, without limitation, processes such as those described in Subchapter D of this chapter.

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

(d) Information obtained by the board is subject to the provisions of the Government Code, Chapter 552, Public Information Act. If, pursuant to the section, the contractor submits material to the board that involves the contractor's privacy or property interests, the material shall be marked confidential by the contractor before submittal. All information submitted to the board shall be handled pursuant to the requirements of the Public Information Act and any other relevant state or federal law.

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