Common use of Mandatory Mediation Clause in Contracts

Mandatory Mediation. Any and all disputes arising under this Contract, including but not limited to disputes arising under Section 34: Changes in Scope of Services, Section 50: Default, and Section 51: Termination, shall be subject to resolution pursuant to M.G.L. c.30, § 39Q. For the purpose of this Contract, the Commissioner of DCAMM shall be considered to be the "Chief Executive Official of the State Agency"; DCAMM shall be considered to be the “Awarding Authority” and CONTRACTOR shall be considered to be the "Contractor" as those terms are used in said Section 39Q. In the case of every dispute where the dollar amount in dispute (or the estimated dollar value of the extension of time in dispute) is $50,000 or more and CONTRACTOR appeals the decision of the Commissioner of DCAMM (or his or her designee) as provided for in M.G.L. c. 30, §39Q, DCAMM and CONTRACTOR shall engage in good faith in a non-binding mandatory mediation process, which process shall be concluded within sixty (60) calendar days from the date that CONTRACTOR files an appeal from said decision. In the case of such disputes where the dollar amount in dispute (or the estimated dollar value of the extension of time in dispute) is $500,000 or more, the parties shall, if the mediation process fails, submit the dispute to a third-party Neutral or Dispute Review Board which shall within sixty (60) calendar days render a non-binding advisory opinion. Unless the parties have previously agreed in writing to a process for submitting disputes to mediation or a Dispute Review Board, DCAMM shall determine in its reasonable discretion the procedures to be followed and shall give CONTRACTOR notice of the same in writing within thirty

Mandatory Mediation. Any and all disputes arising under this Contract, including but not limited to disputes arising under Section 3432: Changes in Scope of Services, Section 50: Default, and Section 51: Termination, shall be subject to resolution pursuant to M.G.L. c.30, § 39Q. For the purpose of this Contract, the Commissioner of DCAMM shall be considered to be the "Chief Executive Official of the State Agency"; DCAMM shall be considered to be the “Awarding Authority” and CONTRACTOR shall be considered to be the "Contractor" as those terms are used in said Section § 39Q. In the case of every dispute where the dollar amount in dispute (or the estimated dollar value of the extension of time in dispute) is $50,000 or more and CONTRACTOR appeals the decision of the Commissioner of DCAMM (or his or her designee) as provided for in M.G.L. c. 30, §§ 39Q, DCAMM and CONTRACTOR shall engage in good faith in a non-binding mandatory mediation process, which process shall be concluded within sixty (60) calendar days from the date that CONTRACTOR files an appeal from said decision. In the case of such disputes where the dollar amount in dispute (or the estimated dollar value of the extension of time in dispute) is $500,000 or more, the parties shall, if the mediation process fails, submit the dispute to a third-third- party Neutral or Dispute Review Board which neutral who shall within sixty (60) calendar days render a non-binding advisory opinion. Unless the parties have previously agreed in writing to a process for submitting disputes to mediation or a Dispute Review Boardmediation, DCAMM shall determine in its reasonable discretion the procedures to be followed and shall give CONTRACTOR notice of the same in writing within thirtythirty (30) days of the date that DCAMM receives notice of CONTRACTOR’s appeal from the decision of the Commissioner of DCAMM (or his or her designee). The cost of the services of any mediator selected by one party to this Contract shall be borne by the party making the selection. The cost of the services of any mediator selected jointly by the Parties or jointly by mediators selected by the Parties shall be borne equally by the Parties.

Mandatory Mediation. Any and all disputes arising under this Contract, including but not limited to disputes arising under Section 34: Changes in Scope of Services23, Section 50: Default41, and Section 51: Termination, 42 shall be subject to resolution pursuant to M.G.L. c.30, § 39Q. For the purpose of this Contract, the Commissioner of DCAMM shall be considered to be the "Chief Executive Official of the State Agency"; DCAMM CUSTOMER shall be considered to be the “Awarding Authority” and CONTRACTOR shall be considered to be the "Contractor" as those terms are used in said Section 39Q. In the case of every dispute where the dollar amount in dispute (or the estimated dollar value of the extension of time in dispute) is $50,000 or more and CONTRACTOR appeals the decision of the Commissioner of DCAMM (or his or her designee) as provided for in M.G.L. c. 30, §§ 39Q, DCAMM CUSTOMER and CONTRACTOR shall engage in good faith in a non-binding mandatory mediation process, which process shall be concluded within sixty (60) calendar days from the date that CONTRACTOR files an appeal from said decision. In the case of such disputes where the dollar amount in dispute (or the estimated dollar value of the extension of time in dispute) is $500,000 or more, the parties shall, if the mediation process fails, submit the dispute to a third-party Neutral or Dispute Review Board which shall within sixty (60) calendar days render a non-binding advisory opinion. Unless the parties have previously agreed in writing to a process for submitting disputes to mediation or a Dispute Review Board, DCAMM CUSTOMER shall determine in its reasonable discretion the procedures to be followed and shall give CONTRACTOR notice of the same in writing within thirtythirty (30) calendar days of the date that CUSTOMER receives notice of CONTRACTOR’s appeal from the decision of the Commissioner of DCAMM (or his or her designee). The cost of the services of any mediator selected by one party to this Contract shall be borne by the party making the selection. The cost of the services of any mediator selected jointly by the Parties or jointly by mediators selected by the Parties t shall be borne equally by the Parties.

Mandatory Mediation. Any and all disputes arising under this Contract, including but not limited to disputes arising under Section 34: Changes in Scope of Services23, Section 50: Default40, and Section 51: Termination41, shall be subject to resolution pursuant to M.G.L. c.30, § §39Q. For the purpose of this Contract, the Commissioner of DCAMM shall be considered to be the "Chief Executive Official of the State Agency"; DCAMM CUSTOMER shall be considered to be the “Awarding Authority” and CONTRACTOR shall be considered to be the "Contractor" as those terms are used in said Section 39Q. In the case of every dispute where the dollar amount in dispute (or the estimated dollar value of the extension of time in dispute) is $50,000 or more and CONTRACTOR appeals the decision of the Commissioner of DCAMM (or his or her designee) as provided for in M.G.L. c. 30, §39Q, DCAMM CUSTOMER and CONTRACTOR shall engage in good faith in a non-binding mandatory mediation process, which process shall be concluded within sixty (60) calendar days from the date that CONTRACTOR files an appeal from said decision. In the case of such disputes where the dollar amount in dispute (or the estimated dollar value of the extension of time in dispute) is $500,000 or more, the parties shall, if the mediation process fails, submit the dispute to a third-party Neutral or Dispute Review Board which shall within sixty (60) calendar days render a non-binding advisory opinion. Unless the parties have previously agreed in writing to a process for submitting disputes to mediation or a Dispute Review Board, DCAMM CUSTOMER shall determine in its reasonable discretion the procedures to be followed and shall give CONTRACTOR notice of the same in writing within thirtythirty (30) calendar days of the date that CUSTOMER receives notice of CONTRACTOR’s appeal from the decision of the Commissioner of DCAMM (or his or her designee). The cost of the services of any mediator selected by one party to this Contract shall be borne by the party making the selection. The cost of the services of any mediator selected jointly by the Parties or jointly by mediators selected by the Parties t shall be borne equally by the Parties.