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required, to arbiftate the dispute. The costs of mediation shall be b9.-9 *q94ly !y ttte <br />pJi"r. if no litigation results within 90 days of the completioqof mediation, WPAS shall <br />*ithdtu* its acceis request. Nothing, however, prevents WP4S from renewing its request <br />i" th; fut*" should thit become neiessary. In zuch event WPAS renews the request, and <br />that request is denied by the State, the ADR process will begin again. <br />E. Within 90 days of the execution of this agpemenl the parties shall se^lect a panel of <br />ui t**tt 4 mutrrally agreeable mediators, There will be two separate lists: one for_WPAS and <br />Onp anA one foi'qFAS and the MHD. The parties agree that any one of the selected panel <br />members will mediate all disputes related to the Access Agreement. Horvever, the parties <br />*ili totut" the order of conta&ing the panel members for each mediation in a nonstategical <br />manner. <br />In order to select this panel, within 60 days of execution of this gSfeement, the <br />oarties will each propose at least 4 mediators. The parlies will exchange, via fax, their list of <br />iioooi"O mediators utra m" mediators' curriculum-vitae and any other necessary facts such <br />[-d*q mediation nrles, etc. If the parties cannot agree upon_at-least 4 mediators from the <br />first exchange of lists, the parties^will exchange-additional lists of mediators until an <br />uni....nt .in b" reached. How"v.t, a fural agrtement must be reached no later than 90 <br />O"uv" fro* the date of the settlement agreement of tiris case absent written agreement for an <br />extension of a specific amount of time. <br />Any party may strike a mediator from the list except that a parly may not strike a <br />mediator to* tft" panel once the mediation process has been initiated to resolve a dispute' <br />if a party stnkes i mediator irom the pandl, tfrat mediator wrll be replaced by another <br />mediitoiusing the same mediator selection process as described above. <br />F. In the event that the access issues are not resolved through mediation, the parties <br />may agree to attempt to resolve the dispute tloough arbitration. Wrigten agreement to <br />".o'...8- to arbitration must be made wittrin frve working days of the completion of <br />il"ai^ti"" clescribed in Section B. An available a.rbitrator from the mrrhrally agreed rrpon <br />atUittutot Panel list, as described below, will be used to conduct the arbitration of the <br />iirp"t"- Arbitration will be scheduled to occur as soon as possible, but will occur no later <br />tftuir +S days from the time arbitration is agreed_ ypon by t[e pa{i1s, absent written <br />agreement by both parties to extend this timeiine. Prior to the time of final agreement to <br />#Uitrut" tfr"'dispute, the parties shall agree in writing whether, the arbitration decision will <br />U" UinAi"g ot uduisory, una if advisory, whether thatopinion is.admissible in court- If no <br />fiiieirion Iesults witiriir'qO ciays of the completion of this arbiLraLion, WPAS sh;dl wilhdraw <br />iir?...5 request. Nothing,"how€ver, prevents WPAS from renewing its request in the <br />ilt*" iftoutd^that becom. nic"sary. in'such event that \\,?AS renews its request, and that <br />request is denied by the State, the ADR process will begin again' <br />G. Within 120 days of the execution of this agreement. the parties shail select a.panel <br />of at least 4 muhially hgreeable arbitrators. The darties agree that any one of-the seiected <br />o*"i^nt.1nU"ir *ti *UTtrate all disputes reiated io the Access Agreement. However, the <br />;-ti;r will rotate rhe order of eontacting the panel members for each arbitration in a <br />nonsffategical manner. <br />In order to seiect this panel, within 60 rlays of the execution of this_agreement, the <br />oarties will each propose at least 4 arbitrators. lhe parties will exchange, via fax, their list <br />|ioiopor"a arbitrators-and the arbitrators'curriculum vitae and any other necessary tacts <br />tu"ii u'* "ort, "t". If the parties cannot agree upon at ieast 4 arbitrators lrom the first <br />"r"ft*g" of iists, the partiei will exchange additional lists of arbitrators_until an agreement <br />;;i; Teached. How^ever, a t-rnal agreement must be reached no later than 120 days fiom <br />COMMUNITY ACCESS AG REEIV{ENT l2