Common use of Facilitative Mediation Clause in Contracts

Facilitative Mediation. If the parties cannot resolve any dispute, claim, question, or disagreement arising from or relating to the Project or arising out of this Contract for Construction Management or the breach thereof through mutual discussion, the parties shall in good faith participate in private, non-binding facilitative mediation seeking a just and equitable solution satisfactory to all parties. In the event that mediation pursuant to this section was not conducted within six (6) months prior to the initiation of any Court Action or litigation of any dispute, claim, question, or disagreement hereunder, the parties shall participate in the mediation described herein of the issues described in the Court Action or litigation within three (3) months of the initiation of any such Court Action or litigation. 25.4.1 All parties to a mediation shall promptly provide all other parties to the mediation with copies of essential documentation relevant to the support or defense of the matter being mediated. 25.4.2 The parties shall not be required to mediate for a period greater than ninety-one calendar days unless otherwise agreed to in writing by the parties. The parties shall share equally any administrative costs and fees of such proceedings, but shall each be responsible for their own expenses otherwise incurred. 25.4.3 In the event that the statute of limitations would run during the required mediation period, either party may institute litigation so as to avoid the running of such statute upon the condition that such party immediately seek a stay of such litigation pending the conclusion of the mediation period. 25.4.4 During the course of mediation, any party to the mediation may apply for injunctive relief from any court of competent jurisdiction until the mediation period expires or the dispute is otherwise resolved. 25.4.5 The Owner, the Professional(s), the Construction Manager, and any other parties involved in any way in the design or construction of the Project are bound, each to each other, by this requirement to mediate prior to commencement of any litigation, provided that they have signed this Contract for Construction Management or an agreement that incorporates this Contract for Construction Management by reference or signed any other agreement which binds them to mediate. Each such party agrees that it may be joined as an additional party to a mediation involving other parties under any such agreement. In the case where more than one mediation is begun under any such agreement and any party contends that the mediations are substantially related, the mediations may be conducted by the mediator selected in the first mediation which was commenced.

Facilitative Mediation. If the parties cannot resolve any dispute, claim, question, or disagreement arising from or relating to the Project or arising out of this Contract for Construction Management Agreement or the breach thereof of this Agreement through mutual discussion, the parties shall in good faith participate in private, non-non- binding facilitative mediation seeking a just and equitable solution satisfactory to all parties. In the event that mediation pursuant to this section was not conducted within six (6) months prior to the initiation of any Court Action or litigation of any dispute, claim, question, or disagreement hereunderunder this Agreement, the parties shall participate in the mediation described herein in this Agreement of the issues described in the Court Action or litigation within three (3) months of the initiation of any such Court Action or litigation. 25.4.1 All parties to a mediation shall must promptly provide all other parties to the mediation with copies of essential documentation relevant to the support or defense of the matter being mediated. 25.4.2 The parties shall will not be required to mediate for a period greater than ninety-one calendar days unless otherwise agreed to in writing by the parties. The parties shall will share equally any administrative costs and fees of such proceedings, but shall will each be responsible for their own expenses otherwise incurred. 25.4.3 In the event that the statute of limitations would run during the required mediation period, either party may institute litigation so as to avoid the running of such statute upon the condition that such party immediately seek a stay of such litigation pending the conclusion of the mediation period. 25.4.4 During the course of mediation, any party to the mediation may apply for injunctive relief from any court of competent jurisdiction until the mediation period expires or the dispute is otherwise resolved. 25.4.5 The OwnerCounty, the Professional(s)Professional, the Construction Manager, and any other parties involved in any way in the design or construction of the Project are bound, each to each other, by this requirement to mediate prior to commencement of any litigation, provided that they have signed this Contract for Construction Management Agreement or an agreement that incorporates this Contract for Construction Management Agreement by reference or signed any other agreement which binds them to mediate. Each such party agrees that it may be joined as an additional party to a mediation involving other parties under any such agreement. In the case where more than one mediation is begun under any such agreement and any party contends that the mediations are substantially related, the mediations may be conducted by the mediator selected in the first mediation which was commenced.

Facilitative Mediation. If the parties cannot resolve any dispute, claim, question, or disagreement arising from or relating to the Project or arising out of this Contract for Construction Management For Professional Services or the breach thereof through mutual discussion, as a condition precedent to litigation, the parties shall in good faith participate in private, non-binding facilitative mediation seeking a just and equitable solution satisfactory to all parties. In the event that mediation pursuant to this section was not conducted within six (6) months prior to the initiation of any Court Action or litigation of any dispute, claim, question, or disagreement hereunder, the parties shall participate in the mediation described herein of the issues described in the Court Action or litigation within three (3) months of the initiation of any such Court Action or litigation. 25.4.1 4.4.1 All parties to a mediation shall promptly provide all other parties to the mediation with copies of essential documentation relevant to the support or defense of the matter being mediated. 25.4.2 4.4.2 The parties shall not be required to mediate for a period greater than ninety-one ninety (90) calendar days unless otherwise agreed to in writing by the parties. The parties shall share equally any administrative costs and fees of such proceedings, but shall each be responsible for their own expenses otherwise incurred. 25.4.3 4.4.3 In the event that the statute of limitations would run during the required mediation period, either party may institute litigation so as to avoid the running of such statute upon the condition that such party immediately seek a stay of such litigation pending the conclusion of the mediation period. 25.4.4 4.4.4 During the course of mediation, any party to the mediation may apply for injunctive relief from any court of competent jurisdiction until the mediation period expires or the dispute is otherwise resolved. 25.4.5 4.4.5 The Owner, the Professional(s)Professional, the Construction Managergeneral contractor/construction manager, and any other parties involved in any way in the design or construction of the Project are bound, each to each other, by this requirement to mediate prior to commencement of any litigation, provided that they have signed this Contract for Construction Management For Professional Services or an agreement that incorporates this Contract for Construction Management For Professional Services by reference or signed any other agreement which binds them to mediate. Each such party agrees that it may be joined as an additional party to a mediation involving other parties under any such agreement. In the case where more than one mediation is begun under any such agreement and any party contends that the mediations are substantially related, the mediations may be conducted by the mediator selected in the first mediation which was commenced.

Facilitative Mediation. If the parties cannot resolve any dispute, claim, question, or disagreement arising from or relating to the Project or arising out of this Contract for Construction Management Agreement or the breach thereof of this Agreement through mutual discussion, the parties shall in good faith participate in private, non-non- binding facilitative mediation seeking a just and equitable solution satisfactory to all parties. In the event that If mediation pursuant to this section was not conducted within six (6) months prior to the initiation of any Court Action or litigation of any dispute, claim, question, or disagreement hereunderunder this Agreement, the parties shall participate in the mediation described herein in this Agreement of the issues described in the Court Action or litigation within three (3) months of the initiation of any such Court Action or litigation. 25.4.1 All parties to a mediation shall must promptly provide all other parties to the mediation with copies of essential documentation relevant to the support or defense of the matter being mediated. 25.4.2 The parties shall will not be required to mediate for a period greater than ninety-one calendar days unless otherwise agreed to in writing by the parties. The parties shall will share equally any administrative costs and fees of such proceedings, proceedings but shall will each be responsible for their own expenses otherwise incurred. 25.4.3 In the event that the statute of limitations would run during the required mediation period, either party may institute litigation so as to avoid the running of such statute upon the condition that such party immediately seek a stay of such litigation pending the conclusion of the mediation period. 25.4.4 During the course of mediation, any party to the mediation may apply for injunctive relief from any court of competent jurisdiction until the mediation period expires or the dispute is otherwise resolved. 25.4.5 The OwnerCounty, the Professional(s)Professional, the Construction Manager, and any other parties involved in any way in the design or construction of the Project are bound, each to each other, by this requirement to mediate prior to commencement of any litigation, provided that they have signed this Contract for Construction Management Agreement or an agreement that incorporates this Contract for Construction Management Agreement by reference or signed any other agreement which binds them to mediate. Each such party agrees that it may be joined as an additional party to a mediation involving other parties under any such agreement. In the case where more than one mediation is begun under any such agreement and any party contends that the mediations are substantially related, the mediations may be conducted by the mediator selected in the first mediation which was commenced.

Facilitative Mediation. If the parties cannot resolve any dispute, claim, question, or disagreement dispute arising from or relating to the Project or arising out of this the Contract for Construction Management and/or GMP Agreement or the breach thereof through mutual discussion, as a condition precedent to any litigation or administrative action, the parties shall in good faith participate in private, non-binding facilitative mediation seeking a just and equitable solution satisfactory to all parties. In the event that mediation pursuant to this section was not conducted within six (6) months prior to the initiation of any Court Action or litigation of any dispute, claim, question, or disagreement hereunder, the parties shall participate in the mediation described herein of the issues described in the Court Action or litigation within three (3) months of the initiation of any such Court Action or litigation. 25.4.1 12.2.1 All parties to a mediation shall promptly provide all other parties to the mediation with copies of essential documentation relevant to the support or defense of the matter being mediated. 25.4.2 12.2.2 The parties shall not be required to mediate for a period greater than ninety-one calendar days unless otherwise agreed to in writing by the parties. The parties shall share equally any administrative costs and fees of such proceedings, but shall each be responsible for their own expenses otherwise incurred. 25.4.3 12.2.3 In the event that the statute of limitations would run during the required mediation period, either party may institute litigation so as to avoid the running of such statute upon the condition that such party immediately seek a stay of such litigation pending the conclusion of the mediation period. 25.4.4 12.2.4 During the course of mediation, any party to the mediation may apply for injunctive relief from any court of competent jurisdiction until the mediation period expires or the dispute is otherwise resolved. 25.4.5 12.2.5 The Owner, the Professional(s)Professional, the Construction Manager, and any other parties involved in any way in the design or construction of the Project are bound, each to each other, by this requirement to mediate prior to commencement of any litigationlitigation or administrative action, provided that they have signed this the Contract for Construction Management and/or GMP Agreement or an other agreement that incorporates this Contract for Construction Management the Contract/Agreement by reference or signed any other agreement which binds them to mediate. Each such party agrees that it may be joined as an additional party to a mediation involving other parties under any such agreementContract/Agreement. In the case where more than one mediation is begun under any such agreement Contract/Agreement and any party contends that the mediations are substantially related, the mediations may be conducted by the mediator selected in the first mediation which was commenced. 12.2.6 The mediation shall be conducted in Alachua County, Florida.