Common use of Mediation or Other Alternative Dispute Resolution Clause in Contracts

Mediation or Other Alternative Dispute Resolution. DB Contractor and TxDOT, by mutual agreement, may refer a Dispute (as well as any dispute with a Utility Owner relating to any Utility Adjustment) to mediation or other alternative dispute resolution process for resolution. The Parties shall use diligent efforts to convene and conclude mediation proceedings within 30 days after they agree to refer the Dispute to mediation or other alternative dispute resolution process. DB Contractor and TxDOT shall share equally the expenses of the mediation or other alternative dispute resolution process. If any Dispute has been referred to mediation or other alternative dispute resolution process for resolution by mutual agreement of the Parties, but the Dispute is not resolved within the foregoing 30-day period, then either Party shall have the right, on or after the 31st day, to cease participating in such mediation or other alternative dispute resolution process. A Party shall give written notice to the other Party that it will no longer participate. The deadlines in this Section 19 for processing a Dispute are tolled, day for day, during mediation or other alternative dispute resolution.

Appears in 3 contracts

Samples: Design Build Agreement, Design Build Agreement, www.txdot.gov

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Mediation or Other Alternative Dispute Resolution. DB Maintenance Contractor and TxDOT, by mutual agreement, may refer a Dispute (as well as any dispute with a Utility Owner relating to any Utility Adjustment) to mediation or other alternative dispute resolution process for resolution. The Parties shall use diligent efforts to convene and conclude mediation any such proceedings within 30 days after they agree to refer the Dispute to mediation or other alternative dispute resolution process. DB Maintenance Contractor and TxDOT shall share equally the expenses of the mediation or other alternative dispute resolution process. If any Dispute has been referred to mediation or other alternative dispute resolution process for resolution by mutual agreement of the Parties, but the Dispute is not resolved within the foregoing 30-30 day period, then either Party shall have the rightcan, on or after the 31st day, to cease participating in such mediation or other alternative dispute resolution process. A Party shall give written notice to the other Party that it will no longer participate. The deadlines in this Section 19 16.3 for processing a Dispute are tolled, day for day, during mediation or other alternative dispute resolution.

Appears in 1 contract

Samples: Disputes Board Agreement

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