WVC 21 - 11 A- 13
§21-11A-13. Conduct of negotiation.
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 positions, discuss
their respective differences, confer with their respective
advisers, exchange offers of settlement and settle.