R2025-160 - Laserfiche WebLink

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required, to arbihate 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 future 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 mutr.rally agreeable mediators. There will be two separate lists: one for WPAS and DDD and one for WPAS and the MHD. Theparties 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 nonshategical 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 pryty may not strike a mediator from the panel once the mediation process has been iniliated to resolve a dispute. lf a party stnkes a medrator toom the panel, that mediator wtll 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 through arbitration. W-ritten agreement to pro-ceed to arbitration must be made lvithin fwe working days of the completion of mediation described in Section B. An available arbitrator from fhe mrrhrally agreed rrpon 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 occur no later than 45 days from the time arbitration is agreed upon by the parliq.s, absent written agreement by both parties to extend this timeline. Pribr to the timd of final agreement to aibitrate 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 lidgarion iesults within 90 days of the compleilon of ftis arbilratior, WPAS sh;dl withdraw its access request. Nothing, however, prevents WPAS from 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 will arbitrate all disputes related to the Access Agreement. However, the iratties will rotate the order of contacting the panel members for each arbitration in a nonsfategical manner. In order to select this panel, within 60 days of the execution of this agreement, the parties will each propose at least 4 arbitrators. The parties will exchangie, via fax, their list bf proposed arbi*ators-and the arbitrators' curriculum vitae and any other necessary facts 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_until an agreement can be ieached. However, a final agreement must be reached no later than 120 days ffom COMMUNITY ACCESS AGREEMENT t2