| (a) Negotiation is a consensual bargaining process
in which the parties attempt to resolve a claim and counterclaim.
A negotiation under this division may be conducted by any method,
technique, or procedure authorized under the contract or agreed upon
by the parties, including, without limitation, negotiation in person,
by telephone, by correspondence, by video conference, or by any other
method that permits the parties to identify their respective positions,
discuss their respective differences, confer with their respective
advisers, exchange offers of settlement, and settle.
(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
Texas Government Code §2260.056. 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 shall
be handled pursuant to the requirements of the Public Information
Act.
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