(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.

Source Note: The provisions of this §380.25 adopted to be effective April 11, 2001, 26 TexReg 2746