Common use of Dispute Resolution Proceedings Clause in Contracts

Dispute Resolution Proceedings. Should a dispute arise between the Parties as to the formation, operation, interpretation, or application of this Master Agreement to any particular claim or circumstance, the involved Parties shall issue a written request for action to the allegedly noncomplying party within 30 days after the date the dispute has been identified, setting forth the nature of the requested action and the factual and/or legal reasons underlying the request. The allegedly noncomplying Party shall timely respond to the request, no later than 30 days after its receipt, setting forth an agreement to the request or the reasons for non-agreement. In the case of non-agreement, the involved Parties shall schedule an in-person meeting within 15 days after the statement of non-agreement, to determine if a resolution can be reached. If no resolution can then be reached within 10 days after the in-person meeting, either involved Party shall make a request for binding arbitration. Should arbitration be requested, each side to the dispute (recognizing that a side may include more than one involved Party) shall appoint a representative from an uninvolved Member Agency as its designated arbitrator for a three member arbitration panel. The two appointed arbitrators shall then agree and appoint an uninvolved Member Agency representative as the third panel arbitrator, who shall also serve as the Lead Arbitrator. If the two appointed arbitrators cannot decide on a third panel member, a Court of competent jurisdiction may be called upon to appoint the third panel member, who may or may not be a representative from a Member Agency. The arbitration panel shall expeditiously and cost-effectively resolve the dispute. Such arbitration shall, in the Lead Arbitrator’s discretion, be conducted without discovery, live testimony, or a formal transcript of proceedings unless the Lead Arbitrator determines such actions are necessary to protect one or both of the Parties’ right to due process. Each participating side shall bear its own attorneys' fees, costs and expenses unless the arbitration panel finds that one or more positions asserted by a side were frivolous, in which case the arbitration panel shall award and/or apportion reasonable attorneys' fees and costs.

Dispute Resolution Proceedings. Should a dispute arise between the Parties as to Members, or between any Member and NBSIA, regarding the formation, operation, interpretation, or application of this Master Agreement to any particular claim or circumstance, the parties involved Parties in the dispute shall issue a written request for action to the allegedly noncomplying party within 30 days after the date the dispute has been identified, setting forth the nature of the requested action and the factual and/or legal reasons underlying the request. The allegedly noncomplying Party shall timely respond to the request, no later than 30 days after its receipt, setting forth an agreement to the request or the reasons for non-agreementdisagreement. In the case of non-agreementdisagreement, the involved Parties parties shall schedule an in-person meeting within 15 days after the statement of non-agreementdisagreement, to determine if a resolution can be reached. If no resolution can then be reached within 10 days after the in-person meeting, either involved Party shall make a request for binding arbitration. Should The arbitration shall be requestedheard and determined by the uninvolved Members of the NBSIA Executive Committee, each side to the dispute (recognizing that sitting as a side may include more than one involved Party) shall appoint a representative from an uninvolved Member Agency as its designated arbitrator for a three member separate arbitration hearing panel. The two appointed arbitrators shall then agree and appoint an uninvolved Member Agency representative as the third panel arbitrator, who shall also serve as the Lead Arbitrator. If the two appointed arbitrators cannot decide on a third panel member, a Court of competent jurisdiction may be called upon to appoint the third panel member, who may or may not be a representative from a Member Agency. The arbitration panel shall expeditiously and cost-effectively resolve the dispute, with the NBSIA Board Chairperson, or the most senior serving Member of the Executive Committee if the Board Chairperson’s Member agency is involved in the dispute, serving as the lead arbitrator. Such arbitration shall, in the Lead Arbitratorlead arbitrator’s sole and separate discretion, be conducted without discovery, live testimony, or a formal transcript of proceedings unless the Lead Arbitrator lead arbitrator determines such actions are necessary to protect one or both of the Partiesparties’ right to due process. Each participating side shall bear its own attorneys' fees, costs and expenses unless the arbitration panel finds that one or more positions asserted by a side were frivolous, in which case the arbitration panel shall award and/or apportion reasonable attorneys' fees and costs.