Mediation Process. If the Town and Applicant are unable to resolve a disagreement subject to mediation, the parties shall attempt within ten (10) business days to appoint a mutually acceptable mediator with knowledge of the legal issue in dispute. If the parties are unable to agree on a single acceptable mediator they shall each, within ten (10) business days, appoint their own representative. These two representatives shall, between them, choose the single mediator. Applicant shall pay the fees of the chosen mediator. The chosen mediator shall within fifteen (15) business days from selection, or such other time as is reasonable under the circumstances, review the positions of the parties regarding the mediation issue and promptly attempt to mediate the issue between the parties. If the parties are unable to reach an agreement, the parties shall request that the mediator notify the parties in writing of the resolution that the mediator deems appropriate. The mediator's opinion shall not be binding on the parties.
Appears in 2 contracts
Sources: Annexation and Master Development Agreement, Annexation and Master Development Agreement
Mediation Process. If the Town and Applicant are unable to resolve a disagreement Dispute that is subject to mediation, the parties shall attempt within ten (10) business days to appoint a mutually acceptable mediator with knowledge of the legal or factual issue in disputeof the Dispute. If the parties Parties are unable to agree on a single acceptable mediator mediator, they shall each, each within ten (10) business days, appoint their own representative. These two representatives shall, between them, choose the single mediator. Applicant shall pay the fees of the chosen mediator. The chosen mediator shall within fifteen (15) business days from selection, or such other time as is reasonable under the circumstancesdays, review the positions of the parties regarding the mediation issue Dispute and promptly attempt to mediate the issue Dispute between the parties. If the parties are unable to reach an agreement, the parties mediator shall request that the mediator notify the parties in writing of the resolution that the mediator deems appropriate. The mediator's opinion shall not be binding on the parties.
Appears in 2 contracts
Sources: Master Development Agreement, Master Development Agreement
Mediation Process. If the Town City and Applicant are unable to resolve a disagreement subject applicant mutually agree to mediation, the parties Parties shall attempt within ten (10) business days to appoint a mutually acceptable mediator with knowledge of the legal issue in dispute. If the parties Parties are unable to agree on a single acceptable mediator they shall each, within ten (10) business days, appoint their own representative. These two representatives shall, between them, choose the single mediator. Applicant shall pay the fees of the chosen mediator. The chosen mediator shall within fifteen (15) business days from selection, or such other time as is reasonable under the circumstancesdays, review the positions of the parties Parties regarding the mediation issue and promptly attempt to mediate the issue between the partiesParties. If the parties Parties are unable to reach an agreement, the parties mediator shall request that the mediator notify the parties Parties in writing of the resolution that the mediator deems appropriate. The mediator's ’s opinion shall not be binding on the partiesParties.
Appears in 1 contract
Sources: Master Development Agreement
Mediation Process. If the Town and Applicant Parties are unable to resolve a disagreement subject to mediation, the parties shall attempt within ten (10) business days to appoint a mutually acceptable mediator with knowledge of the legal issue in dispute. If the parties are unable to agree on a single acceptable mediator they shall each, within ten (10) business days, appoint their own representative. These two representatives shall, between them, choose the single mediator. Applicant Owner and/or Master Developer shall pay the fees of the chosen mediator. The chosen mediator shall within fifteen (15) business days from selection, or such other time as is reasonable under the circumstancesdays, review the positions of the parties regarding the mediation issue and promptly attempt to mediate the issue between the parties. If the parties are unable to reach an agreement, the parties mediator shall request that the mediator notify the parties in writing of the resolution that the mediator deems appropriate. The mediator's opinion shall not be binding on the parties.
Appears in 1 contract
Sources: Master Development Agreement