(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.

Source Note: The provisions of this §1.370 adopted to be effective November 29, 2001, 26 TexReg 9631