PROBLEM RESOLUTION AND DISPUTES. Problems arising out of the performance of this Master Agreement shall be resolved in a timely manner at the lowest possible level with authority to resolve such problem. If a problem persists and cannot be resolved, it may be escalated within each organization. In the event a bona fide dispute concerning a question of fact arises between the State of Mississippi or the Purchaser and Contractor and it cannot be resolved between the parties through the normal escalation processes, either party may initiate the dispute resolution procedure provided herein. The initiating party shall reduce its description of the dispute to writing and deliver it to the responding party. The responding party shall respond in writing within three (3) Business Days. The initiating party shall have three (3) Business Days to review the response. If after this review a resolution cannot be reached, both parties shall have three (3) Business Days to negotiate in good faith to resolve the dispute. If the dispute cannot be resolved after three (3) Business Days, a Dispute Resolution Panel may be requested in writing by either party who shall also identify the first panel member. Within three (3) Business Days of receipt of the request, the other party will designate a panel member. Those two panel members will appoint a third individual to the Dispute Resolution Panel within the next three
PROBLEM RESOLUTION AND DISPUTES. Problems arising out of the performance of this Contract shall be resolved in a timely manner at the lowest possible level with authority to resolve such problem. If a problem persists and cannot be resolved, it may be escalated within each organization. In the event a bona fide dispute concerning a question of fact arises between DES or the Purchaser and Contractor and it cannot be resolved between the parties through the normal problem escalation processes, either party may initiate the dispute resolution procedure provided herein.. The dispute shall be handled by a Dispute Resolution Panel in the following manner. Each party to this Contract shall appoint one member to the Panel. These two appointed members shall jointly appoint an additional member. The Dispute Resolution Panel shall review the facts, Contract terms and applicable statutes and rules and make a determination of the dispute as quickly as reasonably possible. The determination of the Dispute Resolution Panel shall be final and binding on the parties hereto. DES and/or Purchaser and Contractor agree that, the existence of a dispute notwithstanding, they will continue without delay to carry out all their respective responsibilities under this Contract that are not affected by the dispute. In the event a bona fide dispute concerning a question of fact arises between DES or the Purchaser and Contractor and it cannot be resolved between the parties through the normal escalation processes, either party may initiate the dispute resolution procedure provided herein. The initiating party shall reduce its description of the dispute to writing and deliver it to the responding party. The responding party shall respond in writing within three business days. The initiating party shall have three business days to review the Bid. If after this review a resolution cannot be reached, both parties shall have three business days to negotiate in good faith to resolve the dispute. If the dispute cannot be resolved after three business days, a Dispute Resolution Panel may be requested in writing by either party who shall also identify the first panel member. Within three business days of receiving the request, the other party will designate a panel member. Those two panel members will appoint a third individual to the Dispute Resolution Panel within the next three business days. The Dispute Resolution Panel will review the written descriptions of the dispute, gather additional information as needed, and render ...
PROBLEM RESOLUTION AND DISPUTES. Problems arising out of the performance of this agreement shall be resolved in a timely manner at the lowest possible level by those possessing authority to resolve such problems. The initiating party shall reduce its description of the dispute to writing and deliver it to the responding party. The responding party shall respond in writing within five
PROBLEM RESOLUTION AND DISPUTES. Problems arising out of the performance of this Contract will be resolved in a timely manner. Either party may elect non-binding mediation, binding arbitration, or resolution in a court of competent jurisdiction in accordance with this Section 12.1 or Section 22.12. The initiating party will reduce its description of the dispute to writing and deliver it to the responding party. The responding party will respond in writing within five Business Days. The initiating party will have three Business Days to review the response. If after this review a resolution cannot be reached, both Parties will have three Business Days to negotiate in good faith to resolve the dispute, which will normally include escalating the issue within each party’s organization. If a problem persists and cannot be resolved through negotiation after three Business Days, the Parties may agree to participate in mediation and/or arbitration in good faith. The mediator will be chosen by mutual agreement of the Parties. If the Parties cannot agree on a mediator or arbitrator, the Parties will use a mediation or arbitration service that selects the mediator or arbitrator for the Parties. Each party will equally share the cost of the mediator or arbitrator. The request for a mediation or arbitration must: • Be in writing; • State the disputed issue(s); • State the relative positions of the Parties; • State Contractor’s name, address and a reference to this Contract; and • Be mailed to the other party’s (the responding party’s) DRS Administrator or Account Manager. The Parties agree that, the existence of a dispute notwithstanding, they will continue without delay to carry out all their respective responsibilities under this Contract that are not affected by the dispute. If the subject of the dispute is the amount due and payable by DRS for materials or Services supplied by Contractor, Contractor will continue providing materials and Services pending resolution of the dispute provided DRS pays Contractor the amount it, in good faith, believes is due and payable.
