Common use of Terms and Conditions of Mediation Clause in Contracts

Terms and Conditions of Mediation. Within five (5) business days of either the EVC rejecting a proposed resolution as announced by the Director of the Program Management Office, or the President of the CONSULTANT rejecting the EVC’s Statement of Final Compromise of the Claim, either Party wishing to purse a Claim or counter claim further shall issue a written Demand for Mediation to the other Party at the address set forth above. The Mediation must take place within forty-five (45) days of the issuance of the Demand for Mediation. Only those documents and information previously exchanged by the Parties at the time of the Initial Mandatory Meeting and Negotiations may be presented at Mediation, in addition to whatever legal arguments and legal authority are applicable thereto. The costs of the Mediation shall be shared equally by the Parties. A single Mediator will preside and must have substantial experience mediating, arbitrating and/or litigating, public works contracts for professional service providers. The Party demanding Mediation must set forth in its Demand for Mediation the names of six (6) such Mediators. The other Party shall within five (5) days of receipt of the written Demand for Mediation either select one (1), or provide the names of six (6) other such Mediators. If the other Party fails to select one of the six (6) Mediators, or fails to provide the names of six (6) other such Mediators within the five (5) days, then the Party demanding Mediation shall immediately identify the Mediator to be used from the six (6) Mediators originally identified. The Mediation shall not involve more than eight (8) hours, unless both Parties agree in writing otherwise

Terms and Conditions of Mediation. Within five (5) business days of either the EVC Chief Facilities Executive rejecting a proposed resolution as announced by the Director of the Program Management Office, or the President of the CONSULTANT Supplier rejecting the EVC’s Chief Facilities Executives Statement of Final Compromise of the Claim, either Party wishing to purse a Claim or counter claim further shall issue a written Demand for Mediation to the other Party at the address set forth above. The Mediation must take place within forty-five (45) days of the issuance of the Demand for Mediation. Only those documents and information previously exchanged by the Parties at the time of the Initial Mandatory Meeting and Negotiations may be presented at Mediation, in addition to whatever legal arguments and legal authority are applicable thereto. The costs of the Mediation shall be shared equally by the Parties. A single Mediator will preside and must have substantial experience mediating, arbitrating and/or litigating, public works contracts for professional service providers. The Party demanding Mediation must set forth in its Demand for Mediation the names of six (6) such Mediators. The other Party shall within five (5) days of receipt of the written Demand for Mediation either select one (1)one, or provide the names of six (6) other such Mediators. If the other Party fails to select one of the six (6) Mediators, or fails to provide the names of six (6) other such Mediators within the five (5) days, then the Party demanding Mediation shall immediately identify the Mediator to be used from the six (6) Mediators originally identified. The Mediation shall not involve more than eight (8) hours, unless both Parties agree in writing otherwise