PROCEDURES FOR SCHEDULING AND CONDUCTING A DISPUTE RESOLUTION BOARD HEARING Clause Samples

PROCEDURES FOR SCHEDULING AND CONDUCTING A DISPUTE RESOLUTION BOARD HEARING. INFORMAL HEARINGS AND ADVISORY OPINIONS: Informal hearings are when the Board is notified of a possible impending issue surfacing and an informal preliminary assessment is conducted by the Board. Two weeks prior to the regularly scheduled quarterly site meeting and informal hearing, a brief written claim summary is submitted for the Board’s information. The Party alledging a dispute should provide any documentation to support its position to the Chair and to the other party at least two weeks prior to the scheduled Board meeting. Either party should provide any response to the Dispute or rebuttal at least one week prior to the Board meeting. After the informal hearing and caucus by the Board, the Board will give a verbal commentary (advisory opinion) on the merits of the issue. An advisory opinion serves as a method for potentially avoiding a DRB Formal hearing. It is not intended to replace the Dispute Resolution process specified herein, but will be implemented as part of the good faith negotiations between the Parties to resolve simple disputes (those without any time impact and cost less than $50,000.00). When mutually agreed to by the Department and the Contractor, the DRB may, at its discretion, provide an advisory opinion on any issue. If the Contractor or Department is dissatisfied with the advisory recommendation from the DRB, each party can bring the issue forward for formal hearings. The issue must be brought to the attention of each Party in accordance with the provisons and timeframes of Issue Resolution Ladder, however, the actual hearings, whether formal or informal, can be held within a reasonable time frame by mutual consent FORMAL HEARINGS: Formal Hearings are when a meeting is held with both parties and DRB members to discuss the issue but generally with more extensive documentation, exhibits and argument, after which the Board releases a written recommendation within fourteen (14) working days. Any issue/s, which is/are not, resolved via the Issue Resolution Ladder negotiations between representatives of the Department and the Contractor; and are complex issue/s such as the following
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Related to PROCEDURES FOR SCHEDULING AND CONDUCTING A DISPUTE RESOLUTION BOARD HEARING

  • Central Dispute Resolution Committee a) There shall be established a Central Dispute Resolution Committee (CDRC), which shall be composed of two (2) representatives from each of the central parties, and two (2) representatives of the Crown. b) The Committee shall meet at the request of one of the central parties. c) The central parties shall each have the following rights: i. To file a dispute as a grievance with the Committee. ii. To engage in settlement discussions, and to mutually settle a grievance with the consent of the Crown. iii. To withdraw a grievance. iv. To mutually agree to refer a grievance to the local grievance procedure. v. To mutually agree to voluntary mediation. vi. To refer a grievance to final and binding arbitration at any time. d) The Crown shall have the following rights: i. To give or withhold approval to any proposed settlement between the central parties. ii. To participate in voluntary mediation. iii. To intervene in any matter referred to arbitration. e) Only a central party may file a grievance and refer it to the Committee for discussion and review. No grievance can be referred to arbitration without three (3) days prior notice to the Committee. f) It shall be the responsibility of each central party to inform their respective local parties of the Committee’s disposition of the dispute at each step in the central dispute resolution process including mediation and arbitration, and to direct them accordingly. g) Each of the central parties and the Crown shall be responsible for their own costs for the central dispute resolution process.

  • Alternative Dispute Resolution Prior to filing of litigation, the parties may select non-binding mediation as a method of conflict resolution for issues arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction. The parties agree that if non-binding mediation is chosen as a resolution process, the parties must agree to the chosen mediator(s) and that all mediation venue shall be at a location in ▇▇▇ ▇▇▇▇▇ County, Texas or agreed by the parties. The parties agree to share equally the cost of the mediation process and venue cost.

  • I2 Dispute Resolution The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to the finance director of the Contractor and the commercial director of the Authority.

  • Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. 5 5 Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. 6

  • Alternate Dispute Resolution In the event of any issue of controversy under this Agreement, the PARTIES may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.