Common use of Mandatory Mediation Clause in Contracts

Mandatory Mediation. The noticing Party has ten (10) calendar days from the conclusion of the Mandatory Negotiation Period to request, in writing, mediation of the Dispute (“Mediation”). The Parties agree that Mediation of a Dispute shall be submitted to JAMS, or its successor, and conducted pursuant to its applicable rules and procedures. Mediation shall be conducted by a mediator with substantial experience in complex BPO service agreements. If either Party requests Mediation, each Party will, within ten (10) calendar days of such request, provide the other Party with a list of at least three (3) mediators satisfying the above requirements and the Parties will select the mediator from such lists within five (5) calendar days. If the Parties are unable to agree on a mediator, both Parties agree to the JAMS mediator selection process. The mediation will take place in Washington, D.C., and the Parties and mediator shall agree to a standard nondisclosure agreement regarding the contents and outcome of the mediation. The Parties shall use best efforts to bring the Mediation to conclusion within sixty (60) calendar days of the initial request for Mediation.