| (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 that
is authorized under the contract or upon which the parties agree, 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 §§1.375-1.384
of this title (relating to Negotiation and Mediation of Contract Disputes).
Parties may choose an assisted negotiation process other than mediation, including,
without limitation, processes such as those that are described in §§1.385-1.387
of this title (relating to Negotiation and Mediation of Contract Disputes).
(c) To facilitate the meaningful evaluation and negotiation
of the claim and any counterclaim, the parties may exchange relevant documents
that support their respective claims, defenses, counterclaims, or positions.
(d) Material that is submitted pursuant to this section that
the contractor claims is confidential shall be handled pursuant to the requirements
of Chapter 552, Government Code.
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