Mandatory Mediation. All claims, disputes and other matters in controversy between the CONSULTANT and the DISTRICT arising out of or pertaining to this Agreement, excepting therefrom claims for indemnity, shall be submitted for resolution by non-binding mediation conducted under the auspices of the JAMS or other mutually agreeable dispute resolution service and their respective governing Construction Mediation Rules in effect at the time that a Demand For Mediation is filed. The commencement and completion of mediation proceedings pursuant to the foregoing is a condition precedent to either the DISTRICT or the CONSULTANT commencing arbitration proceedings pursuant to Paragraph 3 below.
Appears in 12 contracts
Samples: Consultant Services Agreement, Consultant Services Agreement, Consultant Services Agreement
Mandatory Mediation. All claims, disputes and other matters in controversy between the CONSULTANT INSPECTOR and the DISTRICT arising out of or pertaining to this Agreement, excepting therefrom claims for indemnityAGREEMENT, shall be submitted for resolution by non-binding mediation conducted under the auspices of the JAMS or other mutually agreeable dispute resolution service and their respective governing Construction Mediation Rules in effect at the time that a Demand For Mediation is filed. The commencement and completion of mediation proceedings pursuant to the foregoing is a condition precedent to either the DISTRICT or the CONSULTANT INSPECTOR commencing arbitration proceedings pursuant to Paragraph 3 below.
Appears in 5 contracts
Samples: Inspector Services Agreement, Inspector Services Agreement, Inspector Services Agreement
Mandatory Mediation. All claims, disputes and other matters in controversy between the CONSULTANT and the DISTRICT arising out of or pertaining to this Agreement, excepting therefrom claims for indemnity, shall be submitted for resolution by non-binding mediation conducted under the auspices of the JAMS or other mutually agreeable dispute resolution service and their respective governing Construction Mediation Rules in effect at the time that a Demand For for Mediation is filed. The commencement and completion of mediation proceedings pursuant to the foregoing is a condition precedent to either the DISTRICT or the CONSULTANT commencing arbitration proceedings pursuant to Paragraph 3 below.
Appears in 1 contract
Samples: Consultant Services Agreement
Mandatory Mediation. All claims, disputes and other matters in controversy between the CONSULTANT Consultant and the DISTRICT District arising out of or pertaining to this Agreement, excepting therefrom claims for indemnity, shall be submitted for resolution by non-binding mediation conducted under the auspices of the JAMS or other mutually agreeable dispute resolution service and their respective governing Construction Industry Mediation Rules or Commercial Mediation, as applicable, in effect at the time that a Demand For Mediation is filed. The commencement and completion of mediation proceedings pursuant to the foregoing is a condition precedent to either the DISTRICT District or the CONSULTANT Consultant commencing arbitration proceedings pursuant to Paragraph 3 Article 4.3 below.. DRAFT
Appears in 1 contract
Samples: Consultant Services Agreement