(a) Negotiation is a consensual bargaining process in which
the parties attempt to resolve a claim and counterclaim. 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:
(1) in person;
(2) by telephone;
(3) by correspondence;
(4) by video conference; or
(5) by any other method that permits the parties to:
(A) identify their respective positions;
(B) discuss their respective differences;
(C) confer with their respective advisers;
(D) exchange offers of settlement; and
(E) settle, if possible.
(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 Subchapter C
of this chapter. The parties may choose an assisted negotiation process other
than mediation, including, without limitation, processes such as those described
in Subchapter D of this chapter.
(c) To facilitate the meaningful evaluation and resolution
of the claim(s) and any counterclaim(s), the parties may exchange relevant
documents that support their respective claims, defenses, counterclaims, or
positions.
(d) Information obtained by the board is subject to the provisions
of the Government Code, Chapter 552, Public Information Act. If, pursuant
to the section, the contractor submits material to the board that involves
the contractor's privacy or property interests, the material shall be marked
confidential by the contractor before submittal. All information submitted
to the board shall be handled pursuant to the requirements of the Public Information
Act and any other relevant state or federal law.
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