Following my Air Force retirement, I spent 9 years as a real estate agent, then broker.
I would guess TPL and any potential infringer start out with a proposed $ amount by TPL to the infringer.
Then the infringer maybe submits a counter offer, just as real estate is negotiated.
Unless/until the two finally arrive at a settlement amount agreeable to both, counter offers continue back and forth.
If an agreement is reached, the infringer signs on the dotted line.
If an agreement is not reached....it becomes a stand-off at the O K Corral.