Common use of Mandatory Mediation Clause in Contracts

Mandatory Mediation. 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 the Contractor appeals the decision of the chief executive official of the Awarding Authority or his/her designee as required by M.G.L. c.30, § 39Q, quoted in Article VII.4.D.(b) above, the Awarding Authority and the Contractor shall engage in good faith in a non-binding mediation process, which process shall be concluded within sixty days from the date that the Contractor files an appeal from said decision as provided in M.G.L. c.30, § 39Q. 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, if the mediation process fails, the Awarding Authority may, in its sole discretion, elect to submit the dispute to an impartial third party, not having an interest in the Owner, the Designer, the Program Manager, the Contractor, or the Project, which shall within sixty (60) days render a non- binding advisory opinion. Unless the parties have previously agreed in writing to a process for submitting disputes to mediation, the Awarding Authority shall determine in its reasonable discretion the procedures to be followed and shall give the Contractor notice of the same in writing within seven (7) days of the date that the Awarding Authority receives notice of the Contractor's appeal from the decision of the chief executive officer of the Awarding Authority or his 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 to this Contract or jointly by mediators selected by the parties to this Contract shall be borne equally by the Contractor and the Awarding Authority.

Mandatory Mediation. Any and all disputes arising under this Contract, including but not limited to disputes arising under Section 32: Changes in Scope of Services, 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 § 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 the Contractor CONTRACTOR appeals the decision of the chief executive official Commissioner of the Awarding Authority DCAMM (or his/his or her designee designee) as required by provided for in M.G.L. c.30c. 30, § 39Q, quoted in Article VII.4.D.(b) above, the Awarding Authority DCAMM and the Contractor CONTRACTOR shall engage in good faith in a non-binding mandatory mediation process, which process shall be concluded within sixty (60) days from the date that the Contractor CONTRACTOR files an appeal from said decision as provided in M.G.L. c.30c. 30, § §39Q. 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, if the mediation process fails, the Awarding Authority DCAMM may, in its sole discretion, elect to submit the dispute to an impartial third party, third-party not having an interest in the OwnerDCAMM, the Designer, the Program Manager, the ContractorCONTRACTOR, or the Project, which who shall within sixty (60) days render a non- non-binding advisory opinion. Unless the parties have previously agreed in writing to a process for submitting disputes to mediation, the Awarding Authority DCAMM shall determine in its reasonable discretion the procedures to be followed and shall give the Contractor CONTRACTOR notice of the same in writing within seven thirty (730) days of the date that the Awarding Authority DCAMM receives notice of the Contractor's CONTRACTOR’s appeal from the decision of the chief executive officer Commissioner of the Awarding Authority 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 to this Contract Parties or jointly by mediators selected by the parties to this Contract Parties shall be borne equally by the Contractor and the Awarding AuthorityParties.

Mandatory Mediation. Any and all disputes arising under this Contract, including but not limited to disputes arising under Section 23, Section 41, and Section 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"; 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 the Contractor CONTRACTOR appeals the decision of the chief executive official Commissioner of the Awarding Authority DCAMM (or his/his or her designee designee) as required by provided for in M.G.L. c.30c. 30, § 39Q, quoted in Article VII.4.D.(b) above, the Awarding Authority CUSTOMER and the Contractor 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 the Contractor CONTRACTOR files an appeal from said decision as provided in M.G.L. c.30, § 39Q. 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, the Awarding Authority may, in its sole discretion, elect to submit the dispute to an impartial third party, not having an interest in the Owner, the Designer, the Program Manager, the Contractor, a third-party Neutral or the Project, Dispute Review Board which shall within sixty (60) calendar days render a non- non-binding advisory opinion. Unless the parties have previously agreed in writing to a process for submitting disputes to mediationmediation or a Dispute Review Board, the Awarding Authority CUSTOMER shall determine in its reasonable discretion the procedures to be followed and shall give the Contractor CONTRACTOR notice of the same in writing within seven thirty (730) calendar days of the date that the Awarding Authority CUSTOMER receives notice of the Contractor's CONTRACTOR’s appeal from the decision of the chief executive officer Commissioner of the Awarding Authority 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 to this Contract Parties or jointly by mediators selected by the parties to this Contract Parties t shall be borne equally by the Contractor and the Awarding AuthorityParties.

Mandatory Mediation. Any and all disputes arising under this Contract, including but not limited to disputes arising under Section 23, Section 40, and Section 41, 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"; 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 the Contractor CONTRACTOR appeals the decision of the chief executive official Commissioner of the Awarding Authority DCAMM (or his/his or her designee designee) as required by provided for in M.G.L. c.30c. 30, § §39Q, quoted in Article VII.4.D.(b) above, the Awarding Authority CUSTOMER and the Contractor 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 the Contractor CONTRACTOR files an appeal from said decision as provided in M.G.L. c.30, § 39Q. 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, the Awarding Authority may, in its sole discretion, elect to submit the dispute to an impartial third party, not having an interest in the Owner, the Designer, the Program Manager, the Contractor, a third-party Neutral or the Project, Dispute Review Board which shall within sixty (60) calendar days render a non- non-binding advisory opinion. Unless the parties have previously agreed in writing to a process for submitting disputes to mediationmediation or a Dispute Review Board, the Awarding Authority CUSTOMER shall determine in its reasonable discretion the procedures to be followed and shall give the Contractor CONTRACTOR notice of the same in writing within seven thirty (730) calendar days of the date that the Awarding Authority CUSTOMER receives notice of the Contractor's CONTRACTOR’s appeal from the decision of the chief executive officer Commissioner of the Awarding Authority 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 to this Contract Parties or jointly by mediators selected by the parties to this Contract Parties t shall be borne equally by the Contractor and the Awarding AuthorityParties.

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, 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 the Contractor CONTRACTOR appeals the decision of the chief executive official Commissioner of the Awarding Authority DCAMM (or his/his or her designee designee) as required by provided for in M.G.L. c.30c. 30, § §39Q, quoted in Article VII.4.D.(b) above, the Awarding Authority DCAMM and the Contractor 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 the Contractor CONTRACTOR files an appeal from said decision as provided in M.G.L. c.30c. 30, § §39Q. 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, if the mediation process fails, the Awarding Authority DCAMM may, in its sole discretion, elect to submit the dispute to an impartial third party, third-party not having an interest in the OwnerDCAMM, the Designer, the Program Manager, the ContractorCONTRACTOR, or the Project, which shall within sixty (60) calendar days render a non- non-binding advisory opinion. Unless the parties have previously agreed in writing to a process for submitting disputes to mediation, the Awarding Authority DCAMM shall determine in its reasonable discretion the procedures to be followed and shall give the Contractor CONTRACTOR notice of the same in writing within seven thirty (730) calendar days of the date that the Awarding Authority DCAMM receives notice of the Contractor's CONTRACTOR’s appeal from the decision of the chief executive officer Commissioner of the Awarding Authority 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 to this Contract Parties or jointly by mediators selected by the parties to this Contract Parties shall be borne equally by the Contractor and the Awarding AuthorityParties.