23 CAR § 373-203. Conduct of negotiation

(a) A negotiation under this section 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. (b) The parties may, if the Office of the Arkansas Lottery agrees, conduct negotiations with the assistance of one (1) or more neutral third parties. (c) To facilitate the meaningful evaluation and negotiation of the claim, the parties may exchange relevant documents that support their respective: (1) Claims; (2) Defenses; (3) Counterclaims; or (4) Positions. (d) Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of: (1) Attorney’s fees; (2) Consultant’s fees; and (3) Expert’s fees.