1 Texas Administrative Code § 68.49 – Qualifications and Immunity of the Mediator The mediator shall possess the qualifications required under the Civil Practice and Remedies Code, § RSA 154.052, be subject to the standards and duties prescribed by the Civil Practice and Remedies Code, § RSA 154.053 and have the qualified immunity prescribed by…

1 Texas Administrative Code § 68.47 – Agreement to Mediate The parties may agree to mediate a claim through an impartial third party. For purposes of this subchapter, “mediation” is assigned the meaning set forth in the Civil Practice and Remedies Code, § RSA 154.023. The mediation is subject to the provisions of the Governmental…

1 Texas Administrative Code § 68.37 – Request for Contested Case Hearing (a) If a claim of breach of contract is not resolved in its entirety through negotiation or mediation in accordance with this chapter on or before the 270th day after the unit receives the notice of claim, or after the expiration of any…

1 Texas Administrative Code § 68.35 – Costs of Negotiation Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorneys’ fees, consultant’s fees and expert’s fees.

1 Texas Administrative Code § 68.33 – Settlement Agreement (a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim. (b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the contractor and the unit of state government who have authority to…

1 Texas Administrative Code § 68.31 – Settlement Approval Procedures The parties’ settlement approval procedures shall be disclosed prior to, or at the beginning of negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement and who…

1 Texas Administrative Code § 68.29 – 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. The parties may…

1 Texas Administrative Code § 68.27 – Timetable (a) Following receipt of a contractor’s notice of claim, the chief administrative officer of the unit of state government or other designated representative shall review the contractor’s claim and the unit’s counterclaim, if any, and initiate negotiations with the contractor to attempt to resolve the claim and…

1 Texas Administrative Code § 68.25 – Duty to Negotiate The parties shall negotiate in accordance with the timetable set forth in § RSA 68.27 of this title (relating to Timetable) to attempt to resolve all claims and counterclaims filed under this chapter. No party is obligated to settle with the other party as a…

1 Texas Administrative Code § 68.23 – Agency Counterclaim (a) A unit of state government asserting a counterclaim under the Government Code, Chapter 2260, shall file notice of the counterclaim as provided by this section. (b) The notice of counterclaim shall:(1) be in writing; (2) be delivered by hand, certified mail return receipt requested or…