Common use of District-School Dispute Resolution Procedures Clause in Contracts

District-School Dispute Resolution Procedures. In the event any dispute arises between the District and the School concerning this Contract, and is not subject to immediate appeal to the State Board of Education (the “State Board”), including but not limited to the implementation of or waiver from any District policies, regulations or procedures, such dispute shall be subject to the dispute resolution process set forth in this Section, unless specifically otherwise provided. i. The School and the District agree that the existence and details of a dispute notwithstanding, both Parties shall continue their performance hereunder without delay except for any performance which may be directly affected by such dispute. ii. Either party shall notify the other party that a dispute exists between them within 30 (thirty) days from the date the dispute arises. Such notification shall be in writing and shall identify the article and Section of the Agreement that is in dispute and the grounds for the position that such article and Section is in dispute. The matter shall be immediately submitted to the Head of the School and the Superintendent of the School District, or their respective designees, for further consideration and discussions to attempt to resolve the dispute. iii. In the event these representatives are unable to resolve the dispute informally, then within thirty (30) days after the date of notification by one to the other of the existence of a dispute, the matter may be submitted to an independent mediator, who shall be agreed upon by the Parties within fifteen (15) calendar days following the moving party’s written request for mediation. If the parties are unable to agree upon a mediator within that time, the Parties shall jointly obtain a list of available mediators from the Judicial Arbiter Group, Denver, Colorado and have it delivered to the non-moving party, who shall strike one, return the list to the moving party, and so forth, until one name remains. The remaining person shall be selected as the mediator. This striking process shall be completed within ten (10) days after delivery of the list to the non-moving party. iv. The mediation shall be scheduled and concluded within one hundred twenty (120) days of the moving party’s written request for mediation, with final written findings entered by the mediator and served on both Parties within said 120-day timeframe. The mediator shall also apportion all costs reasonably related to the mediation equally between both Parties. The mediation process shall be closed to the public and all information submitted during mediation shall be confidential to the extent permitted by law. If the dispute is still not resolved at the conclusion of the mediation, the mediator shall make an advisory recommendation to the District Board, which shall in turn make a decision on the matter and release the mediator’s written findings within thirty (30) days of its receipt of the advisory recommendation. The decision of the District Board shall be final; provided, however, that the School may appeal to the State Board concerning those matters within the State Board’s jurisdiction in accordance with governing law.

District-School Dispute Resolution Procedures. In the event any dispute arises between the District and the School concerning the implementation of this Contract, and is not subject to immediate appeal to the State Board of Education (the “State Board”), including but not limited to the implementation of or waiver from any District policies, regulations or procedures, such dispute disputes shall be subject to the dispute resolution process set forth in this Section, unless specifically otherwise providedprovided herein or in applicable law. i. The School and the District agree that the existence and details of a dispute notwithstanding, both Parties shall continue their performance hereunder under this Contract without delay except for any performance which may be directly affected by such dispute. ii. Either party shall notify the other party that a dispute exists between them within 30 (thirty) days from the date the dispute arises. Such notification shall be in writing and shall identify the article and Section of the Agreement this Contract or other agreement that is in dispute and the grounds for the position that such article and Section is in dispute, and the specific corrective action such Party desires. The matter shall be immediately submitted to the Head President of the School and the Superintendent of the School DistrictDistrict Board and Superintendent, or their respective designees, for further consideration and discussions to attempt to resolve the dispute. iii. The Presidents of each party are required to place the item on the agenda at the earliest meetings for discussion by their respective boards. The Presidents are required to inform each other in writing of the resolution proposed by their respective boards. In the event these the Party representatives are unable to resolve the dispute informally, then informally pursuant to this procedure within thirty (30) 45 days after the date of notification by one to the other of the existence of a the dispute, then, subject to each party’s right to appeal to the State Board if applicable, the matter may be submitted to an independent mediator, who shall be agreed upon by the Parties within fifteen (15) calendar days following the moving party’s written request for mediation. If the parties are unable to agree upon a mediator within that time, the Parties shall jointly obtain a list of available mediators from the Judicial Arbiter Group, Denver, Colorado and have it delivered to the non-moving party, who shall strike one, return the list to the moving party, and so forth, until one name remains. The remaining person shall be selected as the mediator. This striking process shall be completed within ten (10) days after delivery of the list to the non-moving party. iv. The mediation shall be scheduled and concluded within one hundred twenty (120) days of the moving party’s written request for mediation, with final written findings entered by the mediator and served on both Parties within said 120-day timeframe. The mediator shall also apportion all costs reasonably related to the mediation equally between both Parties. The mediation process shall be closed to the public and all information submitted during mediation shall be confidential to the extent permitted by law. If the dispute is still not resolved at the conclusion of the mediation, the mediator shall make an advisory recommendation to the District Board, which shall in turn make a decision on the matter and release the mediator’s written findings within thirty (30) days of its receipt of the advisory recommendation. The decision of the District Board shall be final; provided, however, that the School may appeal to the State Board concerning those matters within the State Board’s jurisdiction in accordance with governing law.fifteen

District-School Dispute Resolution Procedures. In the event any dispute arises between the District and the School concerning this Contract, and is are not subject to immediate appeal to the The State Board of Education (the “State Board”), including but not limited to the implementation of or waiver from any District policies, regulations or procedures, such dispute disputes shall be subject to the dispute resolution process set forth in this Section, unless specifically otherwise provided. i. The School and the District agree that the existence and details of a dispute notwithstanding, both Parties shall continue their performance hereunder without delay except for any performance which may be directly affected by such dispute. ii. Either party shall notify the other party that a dispute exists between them within 30 (thirty) days from the date the dispute arises. Such notification shall be in writing and shall identify the article and Section of the Agreement Contract that is in dispute and the grounds for the position that such article and Section is in dispute. The matter shall be immediately submitted to the Head of the School and the Superintendent of the School District, or their respective designees, for further consideration and discussions to attempt to resolve the dispute. iii. In the event these representatives are unable to resolve the dispute informally, then informally pursuant to this procedure within thirty (30) 30 days after the date of notification by one to the other of the existence of a such dispute, then either party may elect to submit the matter to the Boards of the School and the District for their consideration. The submission to the Boards shall be made in writing to the other party and to the Board Presidents for delivery to the Boards, no later than 40 days after the initial date of notification by one party to the other of the existence of the dispute. The Presidents of both Boards are required to place the item on the agenda at the earliest meetings for discussion by the respective Boards. The Board Presidents are required to inform each other in writing, the resolution proposed by their respective Board's within 10 days after the board meeting at which the item is discussed. The Presidents of the Boards may elect to meet to identify possible solutions. iv. In the event that the matter is not resolved by the Boards, then the matter may be submitted to mediation by notice given by the requesting party (the “moving party”) in writing to the other party within thirty (30) days following the Board meetings. The 30 days shall be determined by the date of the last Board meeting at which the matter is discussed. v. If a Party requests mediation, the Parties shall submit the matter to an independent mediator, who shall be agreed upon by the Parties within fifteen (15) calendar days following the moving party’s written request for mediation. If the parties are unable to agree upon a mediator within that time, the Parties shall jointly obtain a list of available mediators from the Judicial Arbiter Group, Denver, Colorado and have it delivered to the non-moving party, who shall strike one, return the list to the moving party, and so forth, until one name remains. The remaining person shall be selected as the mediator. This striking process shall be completed within ten (10) days after delivery of the list to the non-moving party. ivvi. The mediation shall be scheduled and concluded within one hundred twenty (120) days of the moving party’s written request for mediation, with final written findings entered by the mediator and served on both Parties within said 120-day timeframe. The mediator shall also apportion all costs reasonably related to the mediation equally between both Parties. The mediation process shall be closed to the public and all information submitted during mediation shall be confidential to the extent permitted by law. If the dispute is still not resolved at the conclusion of the mediation, the mediator shall make an advisory recommendation to the District Board, which shall in turn make a decision on the matter and release the mediator’s written findings within thirty (30) days of its receipt of the advisory recommendation. The decision of the District Board shall be final; provided, however, that the School may appeal to the State Board concerning those matters within the State Board’s jurisdiction in accordance with governing law.

District-School Dispute Resolution Procedures. In All disputes arising out of the event any dispute arises between the District and the School concerning implementation of this Contract, and is not subject to immediate appeal to the Colorado State Board of Education (the “State Board”), including but not limited to the implementation of or waiver from any District policies, regulations or procedures, such dispute shall be subject to the dispute resolution process set forth in this Section. Unless specifically provided otherwise, unless specifically otherwise provided.all timelines in this Section may be extended by mutual agreement: i. A. The School and the District agree that the existence and details of a dispute notwithstanding, both Parties parties shall continue without delay their performance hereunder without delay hereunder, except for any performance which may be directly affected by such dispute. ii. B. Either party shall notify the other party that a dispute exists between them within 30 thirty (thirty30) days from the date the dispute arises. Such notification shall be in writing and shall identify the article and Section of the Agreement Contract that is in dispute and the grounds for the position that such article and Section is in dispute. The matter shall be immediately submitted to the Head Chair of the Board of the School and the Superintendent Chair of the School Board of the District, or their respective designees, for further consideration and discussions to attempt to resolve the dispute. iii. C. In the event these representatives are unable to resolve the dispute informally, then informally pursuant to this procedure within thirty (30) days after the date of notification by one to the other of the existence of a such dispute, then either party may elect to submit the matter may be submitted to an independent mediator, who the Boards of the School and the District for their consideration. The submission to the Boards shall be agreed upon made in writing to the other party and to the Board Chairs for delivery to the Boards, no later than forty (40) days after the initial date of notification by one party to the other of the existence of the dispute. The Chairs of both Boards are required to place the item on the agenda at the earliest meetings for discussion by the Parties within fifteen (15) calendar days following the moving party’s written request for mediation. If the parties are unable to agree upon a mediator within that time, the Parties shall jointly obtain a list of available mediators from the Judicial Arbiter Group, Denver, Colorado and have it delivered to the non-moving party, who shall strike one, return the list to the moving party, and so forth, until one name remainsrespective Boards. The remaining person shall be selected as the mediator. This striking process shall be completed Board Chairs are required to inform each other in writing of any resolution proposed by their respective Boards within ten (10) days after delivery the Board meeting at which the item is discussed. The Board Chairs may elect to meet to identify possible solutions. D. In the event that the matter is not resolved by the Boards, then the matter shall be submitted to non-binding mediation by notice in writing to the other party within thirty (30) days following the Board meetings. The thirty (30) days shall be determined by the date of the list to last Board meeting at which the non-moving partymatter is discussed. iv. The mediation E. Any and all disputes which cannot be resolved informally shall be scheduled and concluded within one hundred twenty (120) days of the moving party’s written request for mediation, with final written findings entered settled by the mediator and served on both Parties within said 120-day timeframe. The mediator shall also apportion all costs reasonably related to the mediation equally between both Parties. The mediation process shall be closed to the public and all information submitted during mediation shall be confidential arbitration to the extent permitted by not inconsistent with the requirements of state law. The Parties expressly agree that the arbitrator shall be required to render a written opinion concerning the matter(s) in controversy. F. If either party submits a notice of arbitration, it shall at the same time designate in writing a proposed arbitrator. If the dispute is still other party does not resolved at agree with the conclusion designation, then it shall designate an alternate arbitrator within five (5) days. If the other party does not agree with the alternate designation, it shall give notice within five (5) days and the two proposed arbitrators shall meet within ten (10) days and agree upon a third person to act as arbitrator. Each party shall pay one-half of the mediationreasonable fees and expenses of the neutral arbitrator. All other fees and expenses of each party, including without limitation, the mediator fees and expenses of its counsel, witnesses and others acting for it, arbitrators not jointly appointed, shall make an advisory recommendation be paid by the party incurring such costs. G. The arbitrator shall have no authority to add to, delete from, or otherwise modify any provision of this Contract or to issue a finding having such effect. H. Either party may appeal to the District Board, which shall in turn make a decision on the matter and release the mediator’s written findings State Board within thirty (30) days of its receipt the written release of the advisory recommendation. The decision of the District Board shall be final; provided, however, that the School may appeal to the State Board concerning those matters within the State Board’s jurisdiction in accordance with governing lawarbitration opinion.

District-School Dispute Resolution Procedures. In All disputes arising out of the event any dispute arises between the District and the School concerning implementation of this Contract, and is not subject to immediate appeal to the State Board of Education (the “State Board”), including but not limited to the implementation of or waiver from any District policies, regulations or procedures, such dispute shall be subject to the dispute resolution process set forth in this Section, unless specifically otherwise provided. i. The School and the District agree that the existence and details of a dispute notwithstanding, both Parties parties shall continue without delay their performance hereunder without delay hereunder, except for any performance which may be directly affected by such dispute. ii. Either party shall notify the other party that a dispute exists between them within 30 thirty (thirty30) days from the date the dispute arises. Such notification shall be in writing and shall identify the article and Section of this Contract or the Agreement law that is in dispute and the grounds for the position that such article and Section item is in disputedispute and the specific corrective action it wishes the other party to take. The matter shall be immediately submitted to the Head President of the Board of the Charter School and the Superintendent President of the School DistrictDistrict Board, or their respective designees, for further consideration and discussions to attempt to resolve the dispute. iii. In the event these representatives are unable to resolve the dispute informally, then informally pursuant to this procedure within thirty fifteen (3015) days after the date of notification by one to the other of the existence of a such dispute, then either party may elect to submit the matter may be submitted to an independent mediator, who the Charter Board and the District Board for their consideration. The submission to the boards shall be agreed upon by the Parties within fifteen (15) calendar days following the moving party’s written request for mediation. If the parties are unable to agree upon a mediator within that time, the Parties shall jointly obtain a list of available mediators from the Judicial Arbiter Group, Denver, Colorado and have it delivered made in writing to the non-moving party, who shall strike one, return the list other party and to the moving partyPresidents for delivery to the boards, and so forth, until no later than thirty (30) days after the initial date of notification by one name remainsparty to the other of the existence of the dispute. The remaining person shall be selected as Presidents of each party are required to place the mediatoritem on the agenda at the earliest meetings for discussion by their respective boards. This striking process shall be completed The Presidents are required to inform each other in writing of the resolution proposed by their respective boards within ten (10) days after delivery of the list board meeting at which the item is discussed. The Presidents may elect to the non-moving partymeet to identify possible solutions. iv. The mediation In the event that the matter is not resolved by the District Board and the Charter Board, then the matter shall be scheduled and concluded submitted to mediation by notice in writing to the other party within one hundred twenty fifteen (12015) days following the Board meetings. The fifteen (15) days shall be determined by the date of the moving party’s written request for mediation, last Board meeting at which the matter is discussed. v. Any and all disputes which cannot be resolved informally shall be addressed by mediation to the extent not inconsistent with final written findings entered by the mediator and served on both Parties within said 120-day timeframerequirements of state law. Mediation will be used as a catalyst between the parties in an attempt to bring the parties together to eliminate obstacles to communication. The mediator will not decide what is “fair” or “right.” vi. If either party submits a notice of mediation, it shall also apportion all costs reasonably related to at the mediation equally between both Parties. The mediation process shall be closed to the public and all information submitted during mediation shall be confidential to the extent permitted by lawsame time designate in writing a proposed mediator. If the other party does not agree with the designation, then it shall designate an alternate mediator within five (5) days. If the other party does not agree with the alternate designation, it shall give notice within five (5) days, and the two proposed mediators shall meet within ten (10) days and agree upon a third person to act as mediator. Each party shall pay one-half of the reasonable fees and expenses of the neutral mediator. All other fees and expenses of each party, including without limitation, the fees and expenses of its counsel, witnesses and others acting for it, or mediators not jointly appointed, shall be paid by the party incurring such costs. vii. The mediators shall have no authority to add to, delete from, or otherwise modify any provision of this Agreement or to issue a finding having such effect. viii. In the event the dispute is still not resolved at the conclusion of the mediation, the mediator shall make an advisory recommendation to the District Board, which shall in turn make a decision on the matter and release the mediator’s written findings mediation or within thirty (30) days of its receipt of the advisory recommendation. The decision of the District Board shall be final; provided, however, that the School may appeal to the State Board concerning those matters within the State Board’s jurisdiction in accordance with governing law.twenty

District-School Dispute Resolution Procedures. In the event any dispute arises between the District and the School concerning this Contract, and is not subject to immediate appeal to the State Board of Education (the “State Board”), including but not limited to the implementation of or waiver from any District policies, regulations or procedures, such dispute shall be subject to the dispute resolution process set forth in this Section, unless specifically otherwise provided. i. The School and the District agree that the existence and details of a dispute notwithstanding, both Parties shall continue their performance hereunder without delay except for any performance which may be directly affected by such dispute. ii. Either party shall notify the other party that a dispute exists between them within 30 thirty (thirty30) days from the date the dispute arises. Such notification shall be in writing and shall identify the article Article and Section of the Agreement that is in dispute and the grounds for the position that such article Article and Section is in dispute. The matter shall be immediately submitted to the Head of the School and the Superintendent of the School District, or their respective designees, for further consideration and discussions to attempt to resolve the dispute. iii. In the event these representatives are unable to resolve the dispute informally, then within thirty (30) days after the date of notification by one to the other of the existence of a dispute, the matter may be submitted to an independent mediator, who shall be agreed upon by the Parties within fifteen (15) calendar days following the moving party’s written request for mediation. If the parties are unable to agree upon a mediator within that time, the Parties shall jointly obtain a list of available mediators from the Judicial Arbiter Group, Denver, Colorado and have it delivered to the non-moving party, who shall strike one, return the list to the moving party, and so forth, until one name remains. The remaining person shall be selected as the mediator. This striking process shall be completed within ten (10) days after delivery of the list to the non-moving party. iv. The mediation shall be scheduled and concluded within one hundred twenty (120) days of the moving party’s written request for mediation, with final written findings entered by the mediator and served on both Parties within said 120-day timeframe. The mediator shall also apportion all costs reasonably related to the mediation equally between both Parties. The mediation process shall be closed to the public and all information submitted during mediation shall be confidential to the extent permitted by law. If the dispute is still not resolved at the conclusion of the mediation, the mediator shall make an advisory recommendation to the District Board, which shall in turn make a decision on the matter and release the mediator’s written findings within thirty (30) days of its receipt of the advisory recommendation. The decision of the District Board shall be final; provided, however, that the School may appeal to the State Board concerning those matters within the State Board’s jurisdiction in accordance with governing law.

District-School Dispute Resolution Procedures. In All disputes arising out of the event any dispute arises between the District and the School concerning implementation of this Contract, and is not subject to immediate appeal to the State Board of Education (the “State Board”)Education, including but not limited to the implementation of or waiver from any District policies, regulations or procedures, such dispute shall be subject to the dispute resolution process set forth in this Section, ; unless specifically otherwise provided., all timelines in this Section may be extended by mutual agreement: i. A. The School and the District agree that the existence and details of a dispute notwithstanding, both Parties parties shall continue without delay their performance hereunder without delay hereunder, except for any performance which may be directly affected by such dispute. ii. B. Either party shall notify the other party that a dispute exists between them within 30 thirty (thirty30) days from the date the dispute arises. Such notification shall be in writing and shall identify the article and Section section of the Agreement Contract that is in dispute and the grounds for the position that such article and Section section is in dispute. The matter shall be immediately submitted to the Head President of the Board of the School and the Superintendent President of the School Board of the District, or their respective designees, for further consideration and discussions to attempt to resolve the dispute. iii. C. In the event these representatives are unable to resolve the dispute informally, then informally pursuant to this procedure within thirty (30) days after the date of notification by one to the other of the existence of a such dispute, then either party may elect to submit the matter may be submitted to an independent mediator, who the Boards of the School and the District for their consideration. The submission to the Boards shall be agreed upon made in writing to the other party and to the Board Presidents for delivery to the Boards, no later than forty (40) days after the initial date of notification by one party to the other of the existence of the dispute. The Presidents of both Boards are required to place the item on the agenda at the earliest meetings for discussion by the Parties within fifteen (15) calendar days following the moving party’s written request for mediation. If the parties are unable to agree upon a mediator within that time, the Parties shall jointly obtain a list of available mediators from the Judicial Arbiter Group, Denver, Colorado and have it delivered to the non-moving party, who shall strike one, return the list to the moving party, and so forth, until one name remainsrespective Boards. The remaining person shall be selected as the mediator. This striking process shall be completed Board Presidents are required to inform each other in writing of any resolution proposed by their respective Boards within ten (10) days after delivery the Board meeting at which the item is discussed. The Board Presidents may elect to meet to identify possible solutions. D. In the event that the matter is not resolved by the Boards, then the matter shall be submitted to non-binding mediation by notice in writing (“Mediation Notice”) to the other party within thirty (30) days following the Board meetings. The thirty (30) days shall be determined by the date of the list last Board meeting at which the matter is discussed. E. Any and all disputes which cannot be resolved informally shall be addressed by mediation to the non-moving party. ivextent not inconsistent with the requirements of state law. The mediation Parties shall be scheduled and concluded attempt to agree upon a mediator within one hundred twenty five (1205) days of the moving Mediation Notice. If the Parties are unable to agree on a mediator, each Party shall choose a mediator within ten (10) days of the Mediation Notice and those two mediators shall select the neutral mediator to be used within twenty (20) days of the Mediation Notice. The Parties expressly agree that the mediation shall be held within forty-one (41) days of the Mediation Notice and that the mediator shall be required to render a written opinion concerning the matter(s) in controversy within fifty-one (51) days of the Mediation Notice. F. Each Party shall pay one-half of the reasonable fees and expenses of the neutral mediator. All other fees and expenses of each party’s written request , including without limitation the fees and expenses of its counsel, witnesses and others acting for mediationit, with final written findings entered mediators not jointly appointed, shall be paid by the mediator and served on both Parties within said 120-day timeframe. party incurreng such costs. G. The mediator shall also apportion all costs reasonably related have no authority add to, delete from, or otherwise modify any provision of this Contract or to issue a finding having such effect. H. Either party may appeal to the mediation equally between both Parties. The mediation process shall be closed to the public and all information submitted during mediation shall be confidential to the extent permitted by law. If the dispute is still not resolved at the conclusion of the mediation, the mediator shall make an advisory recommendation to the District Board, which shall in turn make a decision on the matter and release the mediator’s written findings State Board within thirty (30) days of its receipt the written release of the advisory recommendation. The decision mediation opinion or if the mediation opinion is not relaeased within fifty-one (51) days of the District Board shall be final; provided, however, that the School may appeal to the State Board concerning those matters within the State Board’s jurisdiction in accordance with governing lawMediation Notice.

District-School Dispute Resolution Procedures. In All disputes arising out of the event any dispute arises between the District and the School concerning implementation of this Contract, and is not subject to immediate appeal to the Colorado State Board of Education (the “"State Board”"), including but not limited to the implementation of or waiver from any District policies, regulations or procedures, such dispute shall be subject to the dispute resolution process set forth in this Section. Unless specifically provided . otherwise, unless specifically otherwise provided.all timelines in this Section may be extended by mutual agreement: i. A. The School and the District agree that the existence and details of a dispute notwithstanding, both Parties parties shall continue without delay their performance hereunder without delay hereunder, except for any performance which may be directly affected by such dispute. ii. B. Either party shall notify the other party that a dispute exists between them within 30 thirty (thirty30) days from the date the dispute arises. Such notification shall be in writing and shall identify the article and Section of the Agreement Contract that is in dispute and the grounds for the position that such article and Section is in dispute. The matter shall be immediately submitted to the Head Chair of the Board of the School and the Superintendent Chair of the School Board of the District, or their respective designees, for further consideration and discussions to attempt to resolve the dispute. iii. C. In the event these representatives are unable to resolve the dispute informally, then informally pursuant to this procedure within thirty (30) days after the date of notification by one to the other of the existence of a such dispute, then either party may elect to submit the matter may be submitted to an independent mediator, who the Boards of the School and the District for their consideration. The submission to the Boards shall be agreed upon made in writing to the other party and to the Board Chairs for delivery to the Boards, no later than forty (40) days after the initial date of notification by one party to the other of the existence of the dispute. The Chairs of both Boards are required to place the item on the agenda at the earliest meetings for discussion by the Parties within fifteen (15) calendar days following the moving party’s written request for mediation. If the parties are unable to agree upon a mediator within that time, the Parties shall jointly obtain a list of available mediators from the Judicial Arbiter Group, Denver, Colorado and have it delivered to the non-moving party, who shall strike one, return the list to the moving party, and so forth, until one name remainsrespective Boards. The remaining person shall be selected as the mediator. This striking process shall be completed Board Chairs are required to inform each other in writing of any resolution proposed by their respective Boards within ten (10) days after delivery the Board meeting at which the item is discussed. The Board Chairs may elect to meet to identify possible solutions. D. In the event that the matter is not resolved by the Boards, then the matter shall be submitted to non-binding mediation by notice in writing to the other party within thirty (30) days following the Board meetings. The thirty (30) days shall be determined by the date of the list to last Board meeting at which the non-moving partymatter is discussed. iv. The mediation E. Any and all disputes which cannot be resolved informally shall be scheduled and concluded within one hundred twenty (120) days of the moving party’s written request for mediation, with final written findings entered settled by the mediator and served on both Parties within said 120-day timeframe. The mediator shall also apportion all costs reasonably related to the mediation equally between both Parties. The mediation process shall be closed to the public and all information submitted during mediation shall be confidential arbitration to the extent permitted by not inconsistent with the requirements of state law. The Parties expressly agree that the arbitrator shall be required to render a written opinion concerning the matter(s) in controversy. F. lf either party submits a notice of arbitration, it shall at the same time designate in writing a proposed arbitrator. If the dispute is still other party does not resolved at agree with the conclusion designation, then it shall designate an alternate arbitrator within five (5) days. If the other party does not agree with the alternate designation, it shall give notice within five (5) days and the two proposed arbitrators shall meet within ten (10) days and agree upon a third person to act as arbitrator. Each party shall pay one-half of the mediationreasonable fees and expenses of the neutral arbitrator. All other fees and expenses of each party, including without limitation, the mediator fees and expenses of its counsel, witnesses and others acting for it, arbitrators not jointly appointed, shall make an advisory recommendation be paid by the party incurring such costs. G. The arbitrator shall have no authority to add to, delete from, or otherwise modify any provision of this Contract or to issue a finding having such effect. H. Either party may appeal to the District Board, which shall in turn make a decision on the matter and release the mediator’s written findings State Board within thirty (30) days of its receipt the written release of the advisory recommendation. The decision of the District Board shall be final; provided, however, that the School may appeal to the State Board concerning those matters within the State Board’s jurisdiction in accordance with governing lawarbitration opinion.