Common use of Mediation of Disputes Clause in Contracts

Mediation of Disputes. 15.01 This Section applies solely to disputes over the interpretation and application of the terms of the Parties’ mutual rights and obligations under this contract. Day- to-day administration of the terms of this contract shall be a joint function and responsibility of the Council and its designees and the School Board and its designees. Where the Parties’ designees are unable to resolve a dispute over a significant and substantial provision of the contract, and prior to taking the dispute to the School Board or to any other forum for resolution, the Parties’ designees may consider seeking assistance from a mutually acceptable neutral mediator. 15.02 The mediator shall have no power to compel action by either Party, but shall facilitate settlement discussions between the Parties. If the Parties’ designees are unable to resolve the dispute with the mediator’s assistance, the mediator may submit a non-binding written recommendation that offers an opinion concerning the proper interpretation of the contract. Any written recommendation from the mediator shall be provided to the School Board if the matter is brought to the School Board for action. The Parties’ meetings with the mediator and any written recommendation from the mediator shall be considered privileged settlement discussions in any subsequent litigation between the Parties. 15.03 The Parties may determine by mutual agreement that a dispute concerns a “significant and substantial” provision of the contract and that the dispute is amenable to mediation. However, in the event the Parties are unable to agree that a specific dispute is amenable to mediation, each Party shall individually be entitled to compel mediation over one issue during each school year covered by this contract, and whenever a Party seeks to exercise its right to compel mediation the opposing party shall have the right to select the mediator in the event the Parties are unable to agree on the selection of the mediator. 15.04 The Madison Metropolitan School District shall pay the cost of the services of mediators appointed pursuant to this provision, not to exceed a total of $1,000 in any one school year. In the event this $1,000 cap has been reached in any one school year, the School District may condition any further efforts at mediation on the availability of a mutually acceptable mediator who does not charge a fee.

Mediation of Disputes. 15.01 16.01 This Section applies solely to disputes over the interpretation and application of the terms of the Parties’ mutual rights and obligations under this contractContract. Day- to-day administration of the terms of this contract Contract shall be a joint function and responsibility of the Council and its designees and the School Board and its designees. Where the Parties’ designees are unable to resolve a dispute over a significant and substantial provision of the contractContract, and prior to taking the dispute to the School Board or to any other forum for resolution, the Parties’ designees may consider seeking assistance from a mutually acceptable neutral mediator. 15.02 16.02 The mediator shall have no power to compel action by either Party, but shall facilitate settlement discussions between the Parties. If the Parties’ designees are unable to resolve the dispute with the mediator’s assistance, the mediator may submit a non-binding written recommendation that offers an opinion concerning the proper interpretation of the contractContract. Any written recommendation from the mediator shall be provided to the School Board if the matter is brought to the School Board for action. The Parties’ meetings with the mediator and any written recommendation from the mediator shall be considered privileged settlement discussions in any subsequent litigation between the Parties. 15.03 16.03 The Parties may determine by mutual agreement that a dispute concerns a “significant and substantial” provision of the contract Contract and that the dispute is amenable to mediation. However, in the event the Parties are unable to agree that a specific dispute is amenable to mediation, each Party shall individually be entitled to compel mediation over one issue during each school year covered by this contractContract, and whenever a Party seeks to exercise its right to compel mediation the opposing party shall have the right to select the mediator in the event the Parties are unable to agree on the selection of the mediator. 15.04 The Madison Metropolitan School District shall pay the cost of the services of mediators appointed pursuant to this provision, not to exceed a total of $1,000 in any one school year. In the event this $1,000 cap has been reached in any one school year, the School District may condition any further efforts at mediation on the availability of a mutually acceptable mediator who does not charge a fee.

Mediation of Disputes. 15.01 This Section applies solely to disputes over the interpretation and application of the terms of the Partiesparties’ mutual rights and obligations under this contractContract. Day- Day-to-day administration of the terms of this contract Contract shall be a joint function and responsibility of the Council NMI Board and its designees and the School Board and its designees. Where the Partiesparties’ designees are unable to resolve a dispute over a significant and substantial provision of the contract, and prior to taking the dispute to the School Board or to any other forum for resolution, the Partiesparties’ designees may consider seeking assistance from a mutually acceptable neutral mediator. 15.02 21.01 The mediator shall have no power to compel action by either Partyparty, but shall facilitate settlement discussions between the Partiesparties. If the Partiesparties’ designees are unable to resolve the dispute with the mediator’s assistance, the mediator may submit a non-binding written recommendation that offers an opinion concerning the proper interpretation of the contractContract. Any written recommendation from the mediator shall be provided to the School Board if the matter is brought to the School Board for action. The Partiesparties’ meetings with the mediator and any written recommendation from the mediator shall be considered privileged settlement discussions in any subsequent litigation between the Partiesparties. 15.03 21.02 The Parties parties may determine by mutual agreement that a dispute concerns a “significant and substantial” provision of the contract Contract and that the dispute is amenable to mediation. However, in the event the Parties parties are unable to agree that a specific dispute is amenable to mediation, each Party party shall individually be entitled to compel mediation over one issue during each school year covered by this contractContract, and whenever a Party party seeks to exercise its right to compel mediation the opposing party shall have the right to select the mediator in the event the Parties parties are unable to agree on the selection of the mediator. 15.04 21.03 The Madison Metropolitan School District shall pay the cost of the services of mediators appointed pursuant to this provision, not to exceed a total of $1,000 in any one school year. In the event this $1,000 cap has been reached in any one school year, the School District may condition any further efforts at mediation (including otherwise compelled mediation under 14.02) on the availability of a mutually acceptable mediator who does not charge a fee.

Mediation of Disputes. 15.01 This Section applies solely to disputes over the interpretation and application of the terms of the Partiesparties’ mutual rights and obligations under this contractContract. Day- Day-to-day administration of the terms of this contract Contract shall be a joint function and responsibility of the Council NMI and its designees and the School MMSD Board and its designees. Where the Partiesparties’ designees are unable to resolve a dispute over a significant and substantial provision of the contract, and prior to taking the dispute to the School Board or to any other forum for resolution, the Partiesparties’ designees may consider seeking assistance from a mutually acceptable neutral mediator. 15.02 27.1 The mediator shall have no power to compel action by either Partyparty, but shall facilitate settlement discussions between the Partiesparties. If the Partiesparties’ designees are unable to resolve the dispute with the mediator’s assistance, the mediator may submit a non-binding written recommendation that offers an opinion concerning the proper interpretation of the contractContract. Any written recommendation from the mediator shall be provided to the School Board if the matter is brought to the School Board for action. The Partiesparties’ meetings with the mediator and any written recommendation from the mediator shall be considered privileged settlement discussions in any subsequent litigation between the Partiesparties. 15.03 27.2 The Parties parties may determine by mutual agreement that a dispute concerns a “significant and substantial” provision of the contract Contract and that the dispute is amenable to mediation. However, in the event the Parties parties are unable to agree that a specific dispute is amenable to mediation, each Party party shall individually be entitled to compel mediation over one issue during each school year covered by this contractContract, and whenever a Party party seeks to exercise its right to compel mediation the opposing party shall have the right to select the mediator in the event the Parties parties are unable to agree on the selection of the mediator. 15.04 The Madison Metropolitan School District shall pay the cost of the services of mediators appointed pursuant to this provision, not to exceed a total of $1,000 in any one school year. In the event this $1,000 cap has been reached in any one school year, the School District may condition any further efforts at mediation on the availability of a mutually acceptable mediator who does not charge a fee.

Mediation of Disputes. 15.01 16.01 This Section applies solely to disputes over the interpretation and application of the terms of the Parties’ mutual rights and obligations under this contractContract. Day- Day-to-day administration of the terms of this contract Contract shall be a joint function and responsibility of the Council and its designees and the School Board and its designees. Where the Parties’ designees are unable to resolve a dispute over a significant and substantial provision of the contractContract, and prior to taking the dispute to the School Board or to any other forum for resolution, the Parties’ designees may consider seeking assistance from a mutually acceptable neutral mediator. 15.02 16.02 The mediator shall have no power to compel action by either Party, but shall facilitate settlement discussions between the Parties. If the Parties’ designees are unable to resolve the dispute with the mediator’s assistance, the mediator may submit a non-non- binding written recommendation that offers an opinion concerning the proper interpretation of the contractContract. Any written recommendation from the mediator shall be provided to the School Board if the matter is brought to the School Board for action. The Parties’ meetings with the mediator and any written recommendation from the mediator shall be considered privileged settlement discussions in any subsequent litigation between the Parties. 15.03 16.03 The Parties may determine by mutual agreement that a dispute concerns a “significant and substantial” provision of the contract Contract and that the dispute is amenable to mediation. However, in the event the Parties are unable to agree that a specific dispute is amenable to mediation, each Party shall individually be entitled to compel mediation over one issue during each school year covered by this contractContract, and whenever a Party seeks to exercise its right to compel mediation the opposing party shall have the right to select the mediator in the event the Parties are unable to agree on the selection of the mediator. 15.04 The Madison Metropolitan School District shall pay the cost of the services of mediators appointed pursuant to this provision, not to exceed a total of $1,000 in any one school year. In the event this $1,000 cap has been reached in any one school year, the School District may condition any further efforts at mediation on the availability of a mutually acceptable mediator who does not charge a fee.

Mediation of Disputes. 15.01 16.01 This Section applies solely to disputes over the interpretation and application of the terms of the Parties’ mutual rights and obligations under this contract. Day- to-day administration of the terms of this contract shall be a joint function and responsibility of the Council and its designees and the School Board and its designees. Where the Parties’ designees are unable to resolve a dispute over a significant and substantial provision of the contract, and prior to taking the dispute to the School Board or to any other forum for resolution, the Parties’ designees may consider seeking assistance from a mutually acceptable neutral mediator. 15.02 16.02 The mediator shall have no power to compel action by either Party, but shall facilitate settlement discussions between the Parties. If the Parties’ designees are unable to resolve the dispute with the mediator’s assistance, the mediator may submit a non-binding written recommendation that offers an opinion concerning the proper interpretation of the contract. Any written recommendation from the mediator shall be provided to the School Board if the matter is brought to the School Board for action. The Parties’ meetings with the mediator and any written recommendation from the mediator shall be considered privileged settlement discussions in any subsequent litigation between the Parties. 15.03 16.03 The Parties may determine by mutual agreement that a dispute concerns a “significant and substantial” provision of the contract and that the dispute is amenable to mediation. However, in the event the Parties are unable to agree that a specific dispute is amenable to mediation, each Party shall individually be entitled to compel mediation over one issue during each school year covered by this contract, and whenever a Party seeks to exercise its right to compel mediation the opposing party shall have the right to select the mediator in the event the Parties are unable to agree on the selection of the mediator. 15.04 The Madison Metropolitan School District shall pay the cost of the services of mediators appointed pursuant to this provision, not to exceed a total of $1,000 in any one school year. In the event this $1,000 cap has been reached in any one school year, the School District may condition any further efforts at mediation on the availability of a mutually acceptable mediator who does not charge a fee.

Mediation of Disputes. 15.01 This Section applies solely to disputes over the interpretation and application of the terms of the Parties’ mutual rights and obligations under this contract. Day- to-day administration of the terms of this contract shall be a joint function and responsibility of the Council and its designees and the School Board and its designees. Where the Parties’ designees are unable to resolve a dispute over a significant and substantial provision of the contract, and prior to taking the dispute to the School Board or to any other forum for resolution, the Parties’ designees may consider seeking assistance from a mutually acceptable neutral mediator. 15.02 The mediator shall have no power to compel action by either Party, but shall facilitate settlement discussions between the Parties. If the Parties’ designees are unable to resolve the dispute with the mediator’s assistance, the mediator may submit a non-binding written recommendation that offers an opinion concerning the proper interpretation of the contract. Any written recommendation from the mediator shall be provided to the School Board if the matter is brought to the School Board for action. The Parties’ meetings with the mediator and any written recommendation from the mediator shall be considered privileged settlement discussions in any subsequent litigation between the Parties. 15.03 The Parties may determine by mutual agreement that a dispute concerns a “significant and substantial” provision of the contract and that the dispute is amenable to mediation. However, in the event the Parties are unable to agree that a specific dispute is amenable to mediation, each Party shall individually be entitled to compel mediation over one issue during each school year covered by this contract, and whenever a Party seeks to exercise its right to compel mediation the opposing party shall have the right to select the mediator in the event the Parties are unable to agree on the selection of the mediator.. Formatted: Indent: Left: 0.5", Hanging: 0.75", Space After: 0 pt, Line spacing: single 15.04 The Madison Metropolitan School District shall pay the cost of the services of mediators appointed pursuant to this provision, not to exceed a total of $1,000 in any one school year. In the event this $1,000 cap has been reached in any one school year, the School District may condition any further efforts at mediation on the availability of a mutually acceptable mediator who does not charge a fee.