| (a) Settlement Process. The parties' settlement approval procedures
shall be disclosed by the parties prior to the negotiation, mediation, or
other assisted negotiation and mediation process, unless the parties agree
otherwise in writing. To the extent possible, the parties shall select negotiators
or representatives who are knowledgeable about the subject matter of the dispute,
who are in a position to reach agreement, and who can credibly recommend approval
of an agreement.
(b) Initial Settlement Agreement. Any settlement agreement
reached during the mediation shall be signed by the representatives of the
contractor and the Agency, and shall describe any procedures required to be
followed by the parties in connection with final approval of the agreement.
(c) Final Settlement Agreement.
(1) A final settlement agreement reached during, or as a result
of negotiation, mediation, or other assisted negotiation or mediation process
that resolves an entire claim or any designated and severable portion of a
claim, shall be in writing and signed by representatives of the contractor
and the Agency who have authority to bind each respective party.
(2) If the settlement agreement does not resolve all issues
raised by the claim and counterclaim, the agreement shall identify the issues
that are not resolved.
(3) A partial settlement does not waive a contractor's
rights under the Texas Government Code, Chapter 2260, as to the parts of the
claim that are not resolved.
(d) Confidentiality of Mediation and Final Settlement Agreement.
(1) A mediation conducted under this section is confidential
in accordance with Texas Government Code, §2009.054.
(2) The confidentiality of a final settlement agreement
to which the Agency is a signatory that is reached as a result of the mediation
is governed by Texas Government Code, Chapter 552.
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