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Hopefully the community can help my understanding of this... I've never been completely clear on how the dispute resolution mechanism in the General Conditions operates because some of the wording is non-intuitive. Specifically, I'm hoping for clarification of the underlined part of Article 220.127.116.11 (see below) which reads:"§ 18.104.22.168 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision." (similar language appears in 15.3.3 and was also in the 2007 version of A201)If I'm reading this correctly, if the Initial Decision-Maker's decision is in favor of Party A, but Party B disagrees with that initial decision, then Party B can demand mediation. That's clear so far, but here comes the troublesome part: If Party A (which likes the initial decision) decides to wait it out for 30 days and does not file for mediation, then the effect is that both parties' rights for further dispute resolution are waived and the initial decision becomes binding. That leaves Party B no recourse (mediation or subsequent arbitration/litigation). Is that how you all are reading this? Anyone have experience with it?I realize the alternate methods of dispute resolution such as mediation or binding arbitration depend on both parties being willing to participate, but the provision and example above seems to also remove from Party B the right to sue/litigate and compel Party A to participate in any other means of resolving the dispute. Is that so?Thanks in advance for your thoughts!-Tim
It is important to consider the context and the entire document.
15.2.6 Either party may file for mediation of an initial decision at any time, subject to Section 22.214.171.124.
126.96.36.199 contains an import "IF"..."then" clause.
If a party wishes to force the issue, then that party can demand mediation, which requires a response or results in a waiver.
If no one makes a demand for mediation, then 15.2.6 remains in effect, as does 15.4, arbitration.
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