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C. This agreement delineates the usual process by which WPAS and DDD will work <br />together. In some situations, it may be necessary to amend these procedures. WPAS and <br />DDD may agree to modi$ these procedures as necessary fbr any particular situation. <br />X.Dispute Resolution. <br />A. WPAS and DDD agree that informal resolution of disptrtes is preferred- If WPAS <br />staff and the DDD Regional Adminisftator or designee are unable to agee about an issue <br />regarding interpretation or application of this agreemenf .they will request the WPAS <br />Eiecutive Director and the DDD Director review the situation and attempt to resolve the <br />disagreement. <br />B. The Directors Meeting and Mediation process are mandatory for both parties. <br />The only exception to this term of the agreement is where WPAS, in good faith, has <br />probabl6 cause to believe that there are exigent circumstances warranting immediate <br />access. Such circumstances are defined as "emergencies" as defined in the access <br />agreements. In such cases, the WPAS Executive Director or.his or_her designee shall <br />contact the Director of the Division of Developmental Disabilities or his or her designee; <br />andlor Office of the Attorney General to attempt to resolve the dispute. [f the exigent <br />access dispute is not resolved by the end of the following business day, WPAS may <br />immediately take any necessary legal action, including seeking a temporary restraining <br />order and preliminary injunction or an order to show cause in order to secure the <br />necessary access without going through the ADR process discussed herein. When WPAS <br />does take such action, it shall give the Office of the Attorney General advance notice of <br />such action by telephone and facsimile. <br />C. In thc cvcnt that thcrc is an aaccss disputc rcgarding any aspcct of thc Acccss <br />Agreements between WPAS and DDD (Community), the aggrieved party shall send written <br />notice to the director of the other party (e.g. WPAS Executive Director, the Ditector of <br />DDD, or their designees) of the dispute and the desire to meet to attempt to resolve the <br />dispute. The DDD director (or his/her designee) shall meet with the WPAS Executive <br />Diiector (or his/her designee) within ten days after receiving written notice form the <br />aggrieved party. The date of receipt of notice shall be in accordance with Civil Rule 6 of the <br />Washington Court Rules. 'lhe meeting may take place in person or telephonically. 'lhe <br />parties have the right to bring their counsel to the directors meeting, however it is the <br />preference ofthe parties not to have their counsel present. In the ev_ent a parly intends to <br />irave lris or hcr coulrssl prcscnt, that puty will advise the othcr parfy of this intent iu advance <br />of the meeting. I{owever, when either director (or his or her designee) is an attorney, it will <br />be understood and expected that the other director may have his or her attomey present <br />withorit prior notice <br />D. In the event that the access issues are not resolved by a meeting between the <br />DirectoilCBO and Executive Director of WPAS or their designees, the parties agree to <br />attempt to resolve the dispute through mediation absent exigent circumstances as described <br />in paragraph l. An available mediator from the mutually agreed upon Mediator Panel list as <br />described below will be used to conduct the mediation. <br />Mediation will be scheduled to occur as soon as possible following the directors <br />meeting, but will occurno later than 30 days from the time mediation is agreed upon by tire <br />parties, absent written agreement by both pades to extend this timeline. The mediation may <br />iake place telephonically or in any manner the mediator believes will be efficient and <br />conducive to a productive mediation. If at any time during the mediation, either party <br />declares an impasse, the mediation will end. The parties are then encouraged, but not <br />COMMUNITY ACCESS AGREEMENT il