| (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.
(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 §1.1816
of this subchapter (relating to Mediation of Contract Disputes). 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 and claimed
to be confidential by the contractor shall be handled pursuant to the requirements
of the Texas Public Information Act.
|
