Common use of Informal Dispute Meeting Clause in Contracts

Informal Dispute Meeting. An informal dispute meeting shall be convened only if the parties and the DRA agree that this dispute resolution process is appropriate to resolve the dispute. The following procedure shall be used for the informal dispute meeting: The parties shall furnish the DRA with a one page position paper and any pertinent documents requested by the DRA that are or may become necessary for the DRA to perform its function. The party furnishing documents shall furnish such documents to the other party at the same time the document is provided to the DRA. After the dispute meeting has concluded, the DRA shall deliberate in private the same day until a response to the parties is reached or as otherwise agreed to by the parties. The DRA then verbally delivers its recommendation with findings to the parties. After the verbal recommendation is presented, the parties may ask for clarifications. Within 5 business days of the informal dispute meeting, the DRA must write a one page report that includes the recommendation and the parties’ response (Accept/Reject) regarding the dispute. The report must be sent to the parties and to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000. Occasionally the DRA may be unable to formulate a recommendation based on the information given at a dispute meeting. However, the DRA may provide the parties with feedback on strengths and weaknesses of their respective positions, to assist the parties in reaching resolution. If the parties are able to resolve their dispute with the aid of the DRA's opinion, the Department and the Contractor shall promptly accept and implement the resolution as agreed to by the parties. The DRA will not be bound by its verbal or written recommendation in the event that a dispute is later heard by the DRA in a traditional dispute meeting. Unless the dispute is resolved, use of the informal dispute meeting does not relieve the parties of their responsibilities under Section 5-1.43E(3), "Dispute Resolution Board," of the Standard Specifications or subsection, "Traditional Dispute Meeting," of this Agreement. There will be no extension of time allowed for the process to permit the use of the informal dispute meeting, unless otherwise agreed to by the parties.

Appears in 2 contracts

Samples: Dispute Resolution Advisor Agreement, Dispute Resolution Advisor Agreement

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Informal Dispute Meeting. An informal dispute meeting shall be convened only if the parties and the DRA DRB agree that this dispute resolution process is appropriate to resolve the dispute. The following procedure shall be used for the informal dispute meeting: : 1. The parties shall furnish the DRA DRB with a one page position paper and any pertinent documents requested by the DRA DRB that are or may become necessary for the DRA DRB to perform its function. The party furnishing documents shall furnish such documents to the other party at the same time the document is provided to the DRADRB. 2. After the dispute meeting has concluded, the DRA DRB Members shall deliberate in private the same day until a response to the parties is reached or as otherwise agreed to by the parties. 3. The DRA DRB then verbally delivers its recommendation with findings findings, including minority recommendation, if any, to the parties. 4. After the verbal recommendation is presented, the parties may ask for clarifications. 5. Within 5 business days of the informal dispute meeting, the DRA DRB must write a one page report that includes the recommendation and the parties’ response (Accept/Reject) regarding on the dispute. The report must be sent to the parties and to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000Engineer at XXX.Xxxxxxxx@xxx.xx.xxx. 6. Occasionally the DRA DRB may be unable to formulate a recommendation based on the information given at a dispute meeting. However, the DRA DRB may provide the parties with feedback on strengths and weaknesses of their respective positionsrespectivepositions, to assist the parties in reaching resolution. 7. If the parties are able to resolve their dispute with the aid of the DRADRB's opinionrecommendation, the Department and the Contractor shall promptly accept and implement the resolution as agreed to by the parties. 8. The DRA parties will notify the DRB Members within 5 business days if the dispute remains unresolved. 9. The DRB will not be bound by its verbal or written recommendation in the event that a dispute is later heard by the DRA DRB in a traditional dispute meeting. 10. Unless the dispute is resolved, use of the informal dispute meeting does not relieve the parties of their responsibilities under Section 5-1.43E(3), "Dispute Resolution Board," of the Standard Specifications or subsection, "Traditional Dispute Meeting," of this Agreement. There will be no extension of time allowed for the process to permit the use of the informal dispute meeting, unless otherwise agreed to by the parties.

Appears in 1 contract

Samples: Dispute Resolution Board Agreement

Informal Dispute Meeting. An informal dispute meeting shall be convened only if the parties and the DRA agree that this dispute resolution process is appropriate to resolve the dispute. The following procedure shall be used for the informal dispute meeting: : 1. The parties shall furnish the DRA with a one page position paper and any pertinent documents requested by the DRA that are or may become necessary for the DRA to perform its function. The party furnishing documents shall furnish such documents to the other party at the same time the document is provided to the DRA. 2. After the dispute meeting has concluded, the DRA shall deliberate in private the same day until a response to the parties is reached or as otherwise agreed to by the parties. parties. 3. The DRA then verbally delivers its recommendation with findings to the partiesthe 4. After the verbal recommendation is presented, the parties may ask for clarifications. 5. Within 5 business days of the informal dispute meeting, the DRA must write a one page report that includes the recommendation and the parties’ response (Accept/Reject) regarding the dispute. The report must be sent to the parties and to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000Engineer at XXX.Xxxxxxxx@xxx.xx.xxx. 6. Occasionally the DRA may be unable to formulate a recommendation based on the information given at a dispute meeting. However, the DRA may provide the parties with feedback on strengths and weaknesses of their respective positionsrespectivepositions, to assist the parties in reaching resolution. 7. If the parties are able to resolve their dispute with the aid of the DRA's opinion, the Department and the Contractor shall promptly accept and implement the resolution as agreed to by the parties. 8. The DRA will not be bound by its verbal or written recommendation in the event that a dispute is later heard by the DRA in a traditional dispute meeting. 9. Unless the dispute is resolved, use of the informal dispute meeting does not relieve the parties of their responsibilities under Section 5-1.43E(35 -1.43E(3), "Dispute Resolution Board," of the Standard Specifications or subsection, "Traditional Dispute Meeting," of this Agreement. There will be no extension of time allowed for the process to permit the use of the informal dispute meeting, unless otherwise agreed to by the parties.

Appears in 1 contract

Samples: Dispute Resolution Advisor Agreement

Informal Dispute Meeting. An informal dispute meeting shall be convened only if the parties and the DRA agree that this dispute resolution process is appropriate to resolve the dispute. The following procedure shall be used for the informal dispute meeting: : 1. The parties shall furnish the DRA with a one page position paper and any pertinent documents requested by the DRA that are or may become necessary for the DRA to perform its function. The party furnishing documents shall furnish such documents to the other party at the same time the document is provided to the DRA. 2. After the dispute meeting has concluded, the DRA shall deliberate in private the same day until a response to the parties is reached or as otherwise agreed to by the parties. parties. 3. The DRA then verbally delivers its recommendation with findings to the partiesthe 4. After the verbal recommendation is presented, the parties may ask for clarifications. 5. Within 5 business days of the informal dispute meeting, the DRA must write a one page report that includes the recommendation and the parties’ response (Accept/Reject) regarding the dispute. The report must be sent to the parties and to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000. 6. Occasionally the DRA may be unable to formulate a recommendation based on the information given at a dispute meeting. However, the DRA may provide the parties with feedback on strengths and weaknesses of their respective positions, to assist the parties in reaching resolution. 7. If the parties are able to resolve their dispute with the aid of the DRA's opinion, the Department and the Contractor shall promptly accept and implement the resolution as agreed to by the parties. 8. The DRA will not be bound by its verbal or written recommendation in the event that a dispute is later heard by the DRA in a traditional dispute meeting. 9. Unless the dispute is resolved, use of the informal dispute meeting does not relieve the parties of their responsibilities under Section 5-1.43E(3), "Dispute Resolution Board," of the Standard Specifications or subsection, "Traditional Dispute Meeting," of this Agreement. There will be no extension of time allowed for the process to permit the use of the informal dispute meeting, unless otherwise agreed to by the parties.

Appears in 1 contract

Samples: Dispute Resolution Advisor Agreement

Informal Dispute Meeting. An informal dispute meeting shall be convened convened, only if if, the parties and the DRA agree that this dispute resolution process is appropriate to resolve settle the dispute. The following procedure shall be used for the informal dispute meeting: : a. The parties shall furnish the DRA with a one page position paper and any copy of pertinent documents requested by the DRA that are or may become necessary for the DRA to perform its function. The party furnishing documents shall furnish such documents to the other party at the same time the document is provided to the DRA. . b. After the dispute meeting has concluded, the DRA shall deliberate in private the same day day, until a response to the parties is reached or as otherwise agreed to by the parties. . c. The DRA then verbally delivers its recommendation with findings to the parties. . d. After the verbal recommendation is presented, the parties may ask for clarifications. Within 5 business days of the informal dispute meeting, the DRA must write a one page report that includes the recommendation and the parties’ response (Accept/Reject) regarding the dispute. The report must be sent to the parties and to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000. . e. Occasionally the DRA DRA, on complex issues, may be unable to formulate a recommendation based on the information given at a dispute meeting. However, the DRA may provide the parties with feedback advice on strengths and weaknesses of their respective prospective positions, to assist in the hope of the parties in reaching resolution. settlement. f. If the parties are able to resolve settle their dispute with the aid of the DRA's opinion, the Department STATE and the Contractor CONTRACTOR shall promptly accept and implement the resolution as agreed to by settlement of the parties. . g. The DRA will not be bound by its verbal or written oral recommendation in the event that a dispute is later heard by the DRA in a traditional dispute meeting. Unless the dispute is resolvedsettled, use of the informal dispute meeting does not relieve the parties of their responsibilities under Section 5-1.43E(3)1.15B, "Dispute Resolution BoardAdvisor," of the Standard Specifications or subsectionSubsection, "Traditional Dispute Meeting," of this AgreementAGREEMENT. There will be no extension of time allowed for the process to permit the use of the informal dispute meeting, unless otherwise agreed to by the parties.

Appears in 1 contract

Samples: Dispute Resolution Advisor Agreement

Informal Dispute Meeting. An informal dispute meeting shall be convened only if the parties and the DRA DRB agree that this dispute resolution process is appropriate to resolve the dispute. The following procedure shall be used for the informal dispute meeting: : 1. The parties shall furnish the DRA DRB with a one page position paper and any pertinent documents requested by the DRA DRB that are or may become necessary for the DRA DRB to perform its function. The party furnishing documents shall furnish such documents to the other party at the same time the document is provided to the DRADRB. 2. After the dispute meeting has concluded, the DRA DRB Members shall deliberate in private the same day until a response to the parties is reached or as otherwise agreed to by the parties. 3. The DRA DRB then verbally delivers its recommendation with findings findings, including minority recommendation, if any, to the parties. 4. After the verbal recommendation is presented, the parties may ask for clarifications. 5. Within 5 business days of the informal dispute meeting, the DRA DRB must write a one page report that includes the recommendation and the parties’ response (Accept/Reject) regarding on the dispute. The report must be sent to the parties and to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000Engineer at XXX.Xxxxxxxx@xxx.xx.xxx. 6. Occasionally the DRA DRB may be unable to formulate a recommendation based on the information given at a dispute meeting. However, the DRA DRB may provide the parties with feedback on strengths and weaknesses of their respective positions, to assist the parties in reaching resolution. 7. If the parties are able to resolve their dispute with the aid of the DRADRB's opinionrecommendation, the Department and the Contractor shall promptly accept and implement the resolution as agreed to by the parties. 8. The DRA parties will notify the DRB Members within 5 business days if the dispute remains unresolved. 9. The DRB will not be bound by its verbal or written recommendation in the event that a dispute is later heard by the DRA DRB in a traditional dispute meeting. 10. Unless the dispute is resolved, use of the informal dispute meeting does not relieve the parties of their responsibilities under Section 5-1.43E(3), "Dispute Resolution Board," of the Standard Specifications or subsection, "Traditional Dispute Meeting," of this Agreement. There will be no extension of time allowed for the process to permit the use of the informal dispute meeting, unless otherwise agreed to by the parties.

Appears in 1 contract

Samples: Dispute Resolution Board Agreement

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Informal Dispute Meeting. An informal dispute meeting shall be convened convened, only if if, the parties and the DRA DRB agree that this dispute resolution process is appropriate to resolve settle the dispute. The following procedure shall be used for the informal dispute meeting: : a. The parties shall furnish the DRA DRB with a one page position paper and any copy of pertinent documents requested by the DRA DRB that are or may become necessary for the DRA DRB to perform its function. The party furnishing documents shall furnish such documents to the other party at the same time the document is provided to the DRA. DRB. b. After the dispute meeting has concluded, the DRA DRB members shall deliberate in private the same day until a response to the parties is reached or as otherwise agreed to by the parties. . c. The DRA DRB then verbally delivers its recommendation with findings findings, including minority opinion, if any, to the parties. . d. After the verbal recommendation is presented, the parties may ask for clarifications. Within 5 business days of the informal dispute meeting, the DRA must write a one page report that includes the recommendation and the parties’ response (Accept/Reject) regarding the dispute. The report must be sent to the parties and to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000. . e. Occasionally the DRA DRB may be unable to formulate a recommendation based on the information given at a dispute meeting. However, the DRA DRB may provide the parties with feedback advice on strengths and weaknesses of their respective prospective positions, to assist in the hope of the parties in reaching resolution. settlement. f. If the parties are able to resolve settle their dispute with the aid of the DRADRB's opinion, the Department STATE and the Contractor CONTRACTOR shall promptly accept and implement the resolution as agreed to by settlement of the parties. . g. The DRA DRB will not be bound by its verbal or written recommendation in the event that a dispute is later heard by the DRA DRB in a traditional dispute meeting. Unless the dispute is resolvedsettled, use of the informal dispute meeting does not relieve the parties of their responsibilities under Section 5-1.43E(3)1.15C, "Dispute Resolution Board," of the Standard Specifications or subsection, "Traditional Dispute Meeting," of this AgreementAGREEMENT. There will be no extension of time allowed for the process to permit the use of the informal dispute meeting, unless otherwise agreed to by the parties.

Appears in 1 contract

Samples: Dispute Resolution Board Agreement

Informal Dispute Meeting. An informal dispute meeting shall be convened convened, only if if, the parties and the DRA DRB agree that this dispute resolution process is appropriate to resolve settle the dispute. The following procedure shall be used for the informal dispute meeting: : a. The parties shall furnish the DRA DRB with a one page position paper and any copy of pertinent documents requested by the DRA DRB that are or may become necessary for the DRA DRB to perform its function. The party furnishing documents shall furnish such documents to the other party at the same time the document is provided to the DRA. DRB. b. After the dispute meeting has concluded, the DRA DRB members shall deliberate in private the same day until a response to the parties is reached or as otherwise agreed to by the parties. . c. The DRA DRB then verbally delivers its recommendation with findings findings, including minority opinion, if any, to the parties. . d. After the verbal recommendation is presented, the parties may ask for clarifications. Within 5 business days of the informal dispute meeting, the DRA must write a one page report that includes the recommendation and the parties’ response (Accept/Reject) regarding the dispute. The report must be sent to the parties and to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000. DocuSign Envelope ID: 6E9ACC5C-0C11-4C9F-B04A-A371A61DAE02 e. Occasionally the DRA DRB may be unable to formulate a recommendation based on the information given at a dispute meeting. However, the DRA DRB may provide the parties with feedback advice on strengths and weaknesses of their respective prospective positions, to assist in the hope of the parties in reaching resolution. settlement. f. If the parties are able to resolve settle their dispute with the aid of the DRADRB's opinion, the Department COUNTY and the Contractor CONTRACTOR shall promptly accept and implement the resolution as agreed to by settlement of the parties. . g. The DRA DRB will not be bound by its verbal or written recommendation in the event that a dispute is later heard by the DRA DRB in a traditional dispute meeting. Unless the dispute is resolvedsettled, use of the informal dispute meeting does not relieve the parties of their responsibilities under Section 5-1.43E(3)1.15C, "Dispute Resolution Board," of the Caltrans Standard Specifications or subsection, "Traditional Dispute Meeting," of this AgreementAGREEMENT. There will be no extension of time allowed for the process to permit the use of the informal dispute meeting, unless otherwise agreed to by the parties.

Appears in 1 contract

Samples: Construction Agreement

Informal Dispute Meeting. An informal dispute meeting shall be convened only if the parties and the DRA DRB agree that this dispute resolution process is appropriate to resolve the dispute. The following procedure shall be used for the informal dispute meeting: : 1. The parties shall furnish the DRA DRB with a one page position paper and any pertinent documents requested by the DRA DRB that are or may become necessary for the DRA DRB to perform its function. The party furnishing documents shall furnish such documents to the other party at the same time the document is provided to the DRADRB. 2. After the dispute meeting has concluded, the DRA DRB Members shall deliberate in private the same day until a response to the parties is reached or as otherwise agreed to by the parties. 3. The DRA DRB then verbally delivers its recommendation with findings findings, including minority recommendation, if any, to the parties. 4. After the verbal recommendation is presented, the parties may ask for clarifications. 5. Within 5 business days of the informal dispute meeting, the DRA DRB must write a one page report that includes the recommendation and the parties’ response (Accept/Reject) regarding on the dispute. The report must be sent to the parties and to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000. 6. Occasionally the DRA DRB may be unable to formulate a recommendation based on the information given at a dispute meeting. However, the DRA DRB may provide the parties with feedback on strengths and weaknesses of their respective positions, to assist the parties in reaching resolution. 7. If the parties are able to resolve their dispute with the aid of the DRADRB's opinionrecommendation, the Department and the Contractor shall promptly accept and implement the resolution as agreed to by the parties. 8. The DRA parties will notify the DRB Members within 5 business days if the dispute remains unresolved. 9. The DRB will not be bound by its verbal or written recommendation in the event that a dispute is later heard by the DRA DRB in a traditional dispute meeting. 10. Unless the dispute is resolved, use of the informal dispute meeting does not relieve the parties of their responsibilities under Section 5-1.43E(3), "Dispute Resolution Board," of the Standard Specifications or subsection, "Traditional Dispute Meeting," of this Agreement. There will be no extension of time allowed for the process to permit the use of the informal dispute meeting, unless otherwise agreed to by the parties.

Appears in 1 contract

Samples: Dispute Resolution Board Agreement

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