Common use of Escalation; Mediation Clause in Contracts

Escalation; Mediation. If a dispute arises between Client and TRITAN which cannot be resolved in the normal course, then either Party may activate the following dispute resolution procedures: Within five (5) business days of a written request, the Parties’ respective Project Executives shall meet to resolve the dispute. If they do not resolve the dispute within five (5) business days, the issue shall be escalated to the Governance Committee, which shall have thirty (30) days to resolve the dispute. If the dispute has not been resolved within that thirty (30) day period, the issue shall be resolved through mediation. The Parties agree to select a mutually agreeable, neutral third-party to serve as a mediator for the dispute. Costs and fees associated with the mediation shall be shared equally by the Parties. If the Parties are unable to agree upon a mediator, they will engage a professional mediation service to select a mediator. If the Parties are not able to resolve the matter through mediation within sixty (60) days of selection of a mediator, then the parties will submit the dispute to binding arbitration as specified in Section 16.2.