Common use of Facilitative Mediation Clause in Contracts

Facilitative Mediation. If the parties cannot resolve any dispute, claim, question, or disagreement arising from or relating to the Project or arising out of this Contract for Construction Management or the breach thereof through mutual discussion, the parties shall in good faith participate in private, non-binding facilitative mediation seeking a just and equitable solution satisfactory to all parties. In the event that mediation pursuant to this section was not conducted within six (6) months prior to the initiation of any Court Action or litigation of any dispute, claim, question, or disagreement hereunder, the parties shall participate in the mediation described herein of the issues described in the Court Action or litigation within three (3) months of the initiation of any such Court Action or litigation.

Appears in 2 contracts

Samples: Contract for Construction, Contract for Construction

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Facilitative Mediation. If the parties cannot resolve any dispute, claim, question, or disagreement arising from or relating to the Project or arising out of this Contract for Construction Management Agreement or the breach thereof of this Agreement through mutual discussion, the parties shall in good faith participate in private, non-non- binding facilitative mediation seeking a just and equitable solution satisfactory to all parties. In the event that mediation pursuant to this section was not conducted within six (6) months prior to the initiation of any Court Action or litigation of any dispute, claim, question, or disagreement hereunderunder this Agreement, the parties shall participate in the mediation described herein in this Agreement of the issues described in the Court Action or litigation within three (3) months of the initiation of any such Court Action or litigation.

Appears in 2 contracts

Samples: Agreement for Construction, Agreement for Construction

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Facilitative Mediation. If the parties cannot resolve any dispute, claim, question, or disagreement arising from or relating to the Project or arising out of this Contract for Construction Management Agreement or the breach thereof of this Agreement through mutual discussion, the parties shall in good faith participate in private, non-non- binding facilitative mediation seeking a just and equitable solution satisfactory to all parties. In the event that If mediation pursuant to this section was not conducted within six (6) months prior to the initiation of any Court Action or litigation of any dispute, claim, question, or disagreement hereunderunder this Agreement, the parties shall participate in the mediation described herein in this Agreement of the issues described in the Court Action or litigation within three (3) months of the initiation of any such Court Action or litigation.

Appears in 1 contract

Samples: Agreement for Construction Management Services

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