| (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, 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 this subchapter.
Parties may choose an assisted negotiation process other than mediation, including
without limitation, processes such as those described in §51.224 of this
title (relating to Assisted Negotiation Processes) and §51.225 of this
title (relating to Alternative Dispute Resolution).
(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 subsection and claimed
to be confidential by the contractor shall be handled pursuant to the requirements
of Government Code, Chapter 552.
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