(a) 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, correspondence, video conference, or 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 §§800.471-800.473
of this subchapter. Parties may choose other assisted negotiation or mediation
processes, including, without limitation, processes such as those described
in §§800.481 and 800.482 of this subchapter.
(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 the Public Information Act.
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