Common use of Non-Binding Mediation Clause in Contracts

Non-Binding Mediation. If the DRA refers the dispute to non-binding mediation, the following procedure will apply: 1. The DRA shall have ten (10) days from the date of such referral to distribute a list of ten (10) qualified mediators to the disputing parties. 2. Absent the express written consent of all disputing parties, no person shall be eligible for selection as mediator that is a past or present officer, employee or consultant to any of the disputing parties, or of any entity related to or affiliated with any of the disputing parties or has an interest in the matter to be mediated. Any individual designated as mediator shall make known to the disputing parties any such disqualifying relationship or interest and a new mediator shall be designated. 3. If the disputing parties cannot agree upon a mediator, the disputing parties shall take turns striking names from a list supplied by the DRA with a disputing party chosen by lot striking the first name. The last remaining name shall be designated as the mediator. If that individual is unable or unwilling to serve, the individual last stricken from the list shall be designated and the process repeated until an individual is selected that is able and willing to serve. 4. The disputing parties shall attempt in good faith to resolve their dispute in accordance with the schedule established by the mediator. In no event may the schedule extend beyond thirty (30) days from the date of appointment of the mediator. 5. The mediator may require the disputing parties to: a. submit written statements of issues and positions; b. meet for discussions; c. provide expert testimony and exhibits; and d. comply with the mediation procedures designated by the DRA and/or the mediator. 6. If the disputing parties have not resolved the dispute within thirty (30) days of the date the mediator was appointed, the mediator shall promptly provide the disputing parties and the DRA with a written, confidential, non-binding recommendation to resolve the dispute. The recommendation shall include an assessment by the mediator of the merits of the principal positions being advanced by each of the parties to the dispute. 7. The parties to the dispute shall then meet in a good faith attempt to resolve the dispute in light of the mediator’s recommendation. This recommendation shall be limited to resolving the specific issues presented for mediation. 8. If the disputing parties are still unable to resolve the dispute: a. any dispute not involving the proposed change or modification of a ISO Procedure, rate, Service Agreement, or an ISO Tariff provision may be referred to the arbitration process described below; or b. any disputing party may resort to regulatory or judicial proceedings as provided under the ISO OATT or the ISO Services Tariff; and c. the recommendation of the mediator and any statement made by any party during the mediation process shall not be admissible for any purpose in any subsequent proceeding. 9. Each party to the dispute will bear a pro rata share of the costs associated with the time, expenses, and other charges of the mediator. Each party shall bear its own costs, including attorney and expert fees.

Non-Binding Mediation. If the DRA refers the dispute to non-binding mediation, the following procedure will apply: 1. : The DRA shall have ten (10) days from the date of such referral to distribute a list of ten (10) qualified mediators to the disputing parties. 2. Absent the express written consent of all disputing parties, no person shall be eligible for selection as mediator that is a past or present officer, employee or consultant to any of the disputing parties, or of any entity related to or affiliated with any of the disputing parties or has an interest in the matter to be mediated. Any individual designated as mediator shall make known to the disputing parties any such disqualifying relationship or interest and a new mediator shall be designated. 3. If the disputing parties cannot agree upon a mediator, the disputing parties shall take turns striking names from a list supplied by the DRA with a disputing party chosen by lot striking the first name. The last remaining name shall be designated as the mediator. If that individual is unable or unwilling to serve, the individual last stricken from the list shall be designated and the process repeated until an individual is selected that is able and willing to serve. 4. The disputing parties shall attempt in good faith to resolve their dispute in accordance with the schedule established by the mediator. In no event may the schedule extend beyond thirty (30) days from the date of appointment of the mediator. 5. The mediator may require the disputing parties to: a. : submit written statements of issues and positions; b. ; meet for discussions; c. ; provide expert testimony and exhibits; and d. and comply with the mediation procedures designated by the DRA and/or the mediator. 6. If the disputing parties have not resolved the dispute within thirty (30) days of the date the mediator was appointed, the mediator shall promptly provide the disputing parties and the DRA with a written, confidential, non-binding recommendation to resolve the dispute. The recommendation shall include an assessment by the mediator of the merits of the principal positions being advanced by each of the parties to the dispute. 7. The parties to the dispute shall then meet in a good faith attempt to resolve the dispute in light of the mediator’s 's recommendation. This recommendation shall be limited to resolving the specific issues presented for mediation. 8. If the disputing parties are still unable to resolve the dispute: a. : any dispute not involving the proposed change or modification of a ISO Procedure, rate, Service Agreement, or an ISO Tariff provision may be referred to the arbitration process described below; or b. or any disputing party may resort to regulatory or judicial proceedings as provided under the ISO OATT or the ISO Services Tariff; and c. and the recommendation of the mediator and any statement made by any party during the mediation process shall not be admissible for any purpose in any subsequent proceeding. 9. Each party to the dispute will bear a pro rata share of the costs associated with the time, expenses, and other charges of the mediator. Each party shall bear its own costs, including attorney and expert fees.

Non-Binding Mediation. If the DRA refers the dispute to non-binding mediation, the following procedure will apply: 1. The DRA shall have ten (10) days from the date of such referral to distribute a list of ten (10) qualified mediators to the disputing parties. 2. Absent the express written consent of all disputing parties, no person shall be eligible for selection as mediator that is a past or present officer, employee or consultant to any of the disputing parties, or of any entity related to or affiliated with any of the disputing parties or has an interest in the matter to be mediated. Any individual designated desig- nated as mediator shall make known to the disputing parties any such disqualifying relationship or interest and a new mediator shall be designated.disqualifying 3. If the disputing parties cannot agree upon a mediator, the disputing parties shall take turns striking names from a list supplied by the DRA with a disputing party chosen by lot striking the first name. The last remaining name shall be designated as the mediator. If that individual is unable or unwilling to serve, the individual last stricken from the list shall be designated and the process repeated until an individual is selected that is able and willing to serve. 4. The disputing parties shall attempt in good faith to resolve their dispute in accordance with the schedule established by the mediator. In no event may the schedule extend beyond thirty ninety (3090) days from the date of appointment of the mediator. 5. The mediator may require the disputing parties to: a. submit written statements of issues and positions; b. meet for discussions; c. provide expert testimony and exhibits; and d. comply with the mediation procedures designated by the DRA and/or the mediator. 6. If the disputing parties have not resolved the dispute within thirty ninety (3090) days of the date the mediator was appointed, the mediator shall promptly provide the disputing parties and the DRA with a written, confidential, non-binding recommendation to resolve the dispute. The recommendation shall include an assessment by the mediator of the merits of the principal positions being advanced by each of the parties to the dispute. 7. The parties to the dispute shall then meet in a good faith attempt to resolve the dispute in light of the mediator’s recommendation. This recommendation shall be limited to resolving the specific issues presented for mediation. 8. If the disputing parties are still unable to resolve the dispute: a. any dispute not involving the proposed change or modification of a ISO Procedure, rate, Service Agreement, or an ISO Tariff provision may be referred to the arbitration process described below; or b. any disputing party may resort to regulatory or judicial proceedings as provided under the ISO OATT or the ISO Services Tariff; and c. the recommendation of the mediator and any statement made by any party during the mediation process shall not be admissible for any purpose in any subsequent proceeding. 9. Each party to the dispute will bear a pro rata share of the costs associated with the time, expenses, and other charges of the mediator. Each party shall bear its own costs, including attorney and expert fees.

Non-Binding Mediation. If the DRA refers the dispute to non-binding mediation, the following procedure will apply: 1. The DRA shall have ten (10) days from the date of such referral to distribute a list of ten (10) qualified mediators to the disputing parties. 2. Absent the express written consent of all disputing parties, no person shall be eligible for selection as mediator that is a past or present officer, employee or consultant to any of the disputing parties, or of any entity related to or affiliated with any of the disputing parties or has an interest in the matter to be mediated. Any individual designated desig- nated as mediator shall make known to the disputing parties any such disqualifying relationship or interest and a new mediator shall be designated. 3. If the disputing parties cannot agree upon a mediator, the disputing parties shall take turns striking names from a list supplied by the DRA with a disputing party chosen by lot striking the first name. The last remaining name shall be designated as the mediator. If that individual is unable or unwilling to serve, the individual last stricken from the list shall be designated and the process repeated until an individual is selected that is able and willing to serve. 4. The disputing parties shall attempt in good faith to resolve their dispute in accordance with the schedule established by the mediator. In no event may the schedule extend beyond thirty ninety (3090) days from the date of appointment of the mediator. 5. The mediator may require the disputing parties to: a. submit written statements of issues and positions; b. meet for discussions; c. provide expert testimony and exhibits; and d. comply with the mediation procedures designated by the DRA {DRC} [DRA] and/or the mediator. 6. If the disputing parties have not resolved the dispute within thirty ninety (3090) days of the date the mediator was appointed, the mediator shall promptly provide the disputing parties and the DRA {DRC} [DRA] with a written, confidential, non-binding recommendation to resolve the dispute. The recommendation shall include an assessment by the mediator of the merits of the principal positions being advanced by each of the parties to the dispute. 7. The parties to the dispute shall then meet in a good faith attempt to resolve the dispute in light of the {mediator’s 's} [mediator’s] recommendation. This recommendation shall be limited to resolving the specific issues presented for mediation. 8. If the disputing parties are still unable to resolve the dispute: a. any dispute not involving the proposed change or modification of a ISO Procedure, rate, Service Agreement, or an [an] ISO Tariff provision may be referred to the arbitration process described below; or b. any disputing party may resort to regulatory or judicial proceedings as provided under the ISO [OATT or the ISO Services Services] Tariff; and c. the recommendation of the mediator and any statement made by any party during the mediation process shall not be admissible for any purpose in any subsequent proceeding. 9. Each party to the dispute will bear a pro rata share of the costs associated with the time, expenses, and other charges of the mediator. Each party shall bear its own costs, including attorney and expert fees.