Texas Administrative Code Title 1 Section 71.121
1 Texas Administrative Code § 71.121 – Initial Settlement Agreement Any settlement agreement reached during a mediation shall be signed by representatives of the contractor and the unit of state government, and shall describe any procedures that the parties must follow to obtain final and binding approval of the agreement.
Texas Administrative Code Title 1 Section 71.119
1 Texas Administrative Code § 71.119 – Settlement Approval Procedures The parties prior to the mediation shall disclose the parties’ settlement approval procedures. To the extent possible, the parties shall select representatives who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend […]
Texas Administrative Code Title 1 Section 71.117
1 Texas Administrative Code § 71.117 – Costs of Mediation Unless the parties agree otherwise in writing, each party shall be responsible for its own costs incurred in connection with a mediation, including without limitation, costs of document reproduction, attorney’s fees, consultant fees and expert fees. The cost of the mediator shall be divided equally […]
Texas Administrative Code Title 1 Section 71.115
1 Texas Administrative Code § 71.115 – Confidentiality of Mediation and Final Settlement Agreement (a) A mediation conducted under this subchapter is confidential in accordance with the Government Code, § RSA 2009.054. (b) The confidentiality of a final settlement agreement to which a unit of state government is a signatory that is reached as a […]
Texas Administrative Code Title 1 Section 71.113
1 Texas Administrative Code § 71.113 – 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 […]
Texas Administrative Code Title 1 Section 71.111
1 Texas Administrative Code § 71.111 – 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 […]
Texas Administrative Code Title 1 Section 71.107
1 Texas Administrative Code § 71.107 – 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 […]
Texas Administrative Code Title 1 Section 71.105
1 Texas Administrative Code § 71.105 – 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.
Texas Administrative Code Title 1 Section 71.103
1 Texas Administrative Code § 71.103 – 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 […]
Texas Administrative Code Title 1 Section 71.101
1 Texas Administrative Code § 71.101 – 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 […]