| (a) Negotiation is a consensual bargaining process
in which the parties attempt to resolve a claim and counterclaim.
The parties may conduct a negotiation under this subchapter by any
means authorized under the contract or agreed upon by the parties.
The parties may conduct negotiations with the assistance of one or
more neutral third parties. The parties may agree to mediate their
dispute in accordance with §§3.73-80 of this subchapter
or may agree to use an assisted negotiation process other than mediation.
(b) To facilitate meaningful evaluation and negotiation
of the claims and any counterclaims, the parties may exchange relevant
documents supporting their respective claims, defenses, counterclaims,
or positions. To the extent possible, the parties must select representatives
who know the subject matter of the dispute, are in a position to reach
agreement, and can credibly recommend approval of an agreement.
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