R2025-160 - Laserfiche WebLink

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required, to arbitrate the dispute. The costs of mediation shall be bome equally by the parties. If no litigation results within 90 days of the completion of mediation, WPAS shall withdraw its access request. Nothing, however, prevents WPAS from renewing its request in the futwe should that become necessary. In such event WPAS renews the request, and that request is denied by the State, the ADR process will begin again. E. Within 90 days of the execution of this agreemenl the parties shall select a panel of at least 4 mrrtrrally agreeable mediators. There will be two separate lists: one for WPAS and DDD and one for WPAS and the MHD. The parties agree that any one of the selected panel members will mediate all disputes related to the Access Agreement. However, the parties will rotate the order of contacting the panel members for each mediation in a nonstrategical manner. In order to select this panel, within 60 days of execution of this agreement, the parties will each propose at least 4 mediators. The parties will exchange, via fax, their list of proposed mediators and the mediators' curriculum vitae and any other necessary facts such as cost, mediation rules, etc. If the parties cannot agree upon at least 4 mediators from the first exchange of lists, the parties will exchange additional lists of mediators until an agreement can be reached. However, a final agreement must be reached no later than 90 days from the date of the settlement agreement of this case absent written agreement for an extension of a specific amount oftime. Any party may strike a mediator from the list except that a party may not skike a mediator from the panel once the mediation process has been initiated to resolve a dispute. It'a party stnkes a mediator trom the panel, that mediator will be replaced by another mediator using the same mediator selection process as described above. F. In the event that the access issues are not resolved through mediation, the parties may agree to attempt to resolve the dispute ttrough arbitration. Written agreement to proceed to arbitration must be made lvithin frve working days of the completion of mediation described in Section B. An available arbitrator from the muhrally agreed rtpon Arbitrator Panel list, as described below, will be used to conduct the arbitration of the dispute. Arbitration will be scheduled to occur as soon as possible, but will occu no later than 45 days from the time arbitration is agreed upon by the parties, absent written agreement by both parties to extend this timeline. Prior to the time of final agreement to arbitrate the dispute, the parties shall agree in writing whether the arbitration decision will be binding or advisory, and if advisory, whether that opinion is admissible in court. If no litigation results within 90 days of rhe complerion of this arbitralion, WPAS shall withdraw its access request. Nothing, however, prevents WPAS {iom renewing its request in the future should that become necessary. In such event that WPAS renews its request, and that request is denied by the State, the ADR process will begin again. G. Within 120 days of the execution of this agreement, the parties shall select a panel of at least 4 mutually agreeable arbitrators. The parties agree that any one of the selected panel members wiil arbiftate all disputes related to the Access Agreement. However, the parties will rotate the order of contacting the panel members for each arbitration in a nonstrategical manner. In order to select this panel, rvithin 60 days of the execution of this agreement, the parties will each propose at least 4 arbitrators. the parties will exchange, via fax, their list of proposed arbitrators and the arbitrators' curriculum vitae and any other necessary fbcts such as cost, etc. if the parties cannot agree upon at least 4 arbitrators from the first exchange of lists, the parties will exchange additional lists of arbitrators urtil an agreement can be reached. However, a final agreement must be reached no later than 120 days fiom COMMUNITY ACCESS AGREEMENT t)