| (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, including negotiation in person, by telephone, by
digital or physical mail 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 must be conducted in accordance with
Division 3 of this subchapter (relating to Mediation of Contract Disputes).
Parties may choose an assisted negotiation process other than mediation,
including processes such as those described in Division 4 of this
subchapter (relating to Assisted Negotiation Processes).
(c) To facilitate the meaningful evaluation and negotiation
of each claim and, as applicable, each counterclaim, the parties may
exchange relevant documents that support their respective claims,
defenses, counterclaims or positions.
(d) Material submitted under this subsection and claimed
to be confidential by the contractor must be handled in accordance
with the requirements of the Public Information Act, Texas Government
Code, Chapter 552.
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