Common use of Initial Mediation Clause in Contracts

Initial Mediation. Should a dispute remain unresolved following exhaustion of the Claims Review Board process, the parties shall attempt in good faith first to mediate such dispute and use their best efforts to reach agreement on the matters in dispute. Within ten business days after the disputed portion has been identified in the Trustees’ second written statement, the Trustees and Licensee shall mutually agree to a mediator, for which the Trustees and the Licensee shall share the costs equally. If Licensee and Trustees cannot agree on a mediator, each party shall select a mediator, and these mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

Initial Mediation. Should a dispute remain unresolved following exhaustion of the Claims Review Board process, the parties shall attempt in good faith first to mediate such dispute and use their best efforts to reach agreement on the matters in dispute. Within ten business days after the Trustees have identified the disputed portion has been identified in the Trustees’ second written statement, the Trustees and Licensee Design-Builder shall mutually agree to a mediator, for which the Trustees and the Licensee Design-Builder shall share the costs equally. If Licensee Design-Builder and Trustees cannot agree on a mediator, each party shall select a mediator, and these mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.