West Virginia Code § 21-11A-13

Conduct of negotiation
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Negotiation is a consensual bargaining process in which the parties attempt to resolve the
claim. A negotiation under this article 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, by correspondence, by video conference or
by any other method that permits the parties to identify their respective poseitions, discuss
their respective differences, confer with their respective advisers, exchange offers of
settlement and settle. r

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