Common use of MEDIATION AND FACT-FINDING Clause in Contracts

MEDIATION AND FACT-FINDING. 1. In the event good faith negotiations have failed to result in a settlement, either party may, but need not, request mediation through the South Dakota Department of Labor. 2. If mediation has not resulted in a settlement, either party may, but need not, request fact-finding through the South Dakota Department of Labor. 3. In no event shall the South Dakota Department of Labor be empowered to bind either party in mediation or fact-finding. 4. Costs incurred during negotiations are the sole responsibility of the party securing the service, and, in all matters each party shall pay its own costs. 5. Upon receipt of a fact-finders recommendation, the parties agree to meet and discuss the matter.