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AG 2015 03 16
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AG 2015 03 16
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3/17/2015 10:55:01 AM
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11/27/2017 10:37:15 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
3/16/2015
Board
Board of Commissioners
Meeting Type
Regular
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reunder by the County nor shall SMG have any responsibility whatsoever for such jail. Such <br />temporary jail is expressly excluded from this Agreement and shall not be included in the term <br />"Facility" as used herein. <br />13.2 Cooperation/Mediation <br />(a) The parties desire to cooperate with each other in the management and op- <br />eration of the Facility pursuant to the terms hereof In keeping with this cooperative spirit and <br />intent, any dispute arising hereunder will first be referred in writing to the parties' respective <br />agents or representatives prior to either party initiating a legal suit, who will endeavor in good <br />faith to resolve any such disputes within the limits of their authority and within forty -five (45) <br />days after the commencement of such discussions. If and only if any dispute remains unresolved <br />after the parties have followed the dispute resolution procedure set forth above, the matter will be <br />resolved pursuant to Section 13.2(b) and (c) below. <br />(b) If any dispute between the parties has not been resolved pursuant to Sec- <br />tion 13.2(a) above, the parties will endeavor to settle the dispute by mediation under the Ameri- <br />can Arbitration Association or other agreed mediator in the Cabarrus County metropolitan area. <br />Within ten (10) business days from the date that the parties cease direct negotiations pursuant to <br />Section 13.2(a) above, the County shall select a neutral third party mediator, who shall be subject <br />to the reasonable approval of SMG. Each party will bear its own cost of mediation; provided, <br />however, the cost charged by any independent third party mediator will be borne equally by the <br />parties. <br />(c) The parties agree that any mediation proceeding (as well as any discussion <br />pursuant to Section 13.2(a) above) will constitute settlement negotiations for purposes of the fed- <br />eral and state rules of evidence and will be treated as non - discoverable, confidential and privi- <br />leged communication by the parties and the mediator. No stenographic, visual or audio record <br />will be made of any mediation proceedings or such discussions. All conduct, statements, prom- <br />ises, offers and opinions made in the course of the mediation or such discussion by any party, its <br />agents, employees, representatives or other invitees and by the mediator will not be discoverable <br />nor admissible for any purposes in any litigation or other proceeding involving the parties and <br />will not be disclosed to any third party. <br />(d) The parties agree that this mediation procedure will be obligatory and par- <br />ticipation therein (but not the mediator's decision, if any, unless agreed to by the parties pursuant <br />to subsection (e) below) legally binding upon each of them. In the event that either party refuses <br />to adhere to the mediation procedure set forth in this Section 13.2, the other party may bring an <br />action to seek enforcement of such obligation in any court of competent jurisdiction. <br />(e) The parties' efforts to reach a settlement of any dispute will continue until <br />the conclusion of the mediation proceeding. The mediation proceeding will be concluded when: <br />(i) a written settlement agreement is executed by the parties, or (ii) the mediator concludes and <br />informs the parties in writing that further efforts to mediate the dispute would not be useful, or <br />(iii) the parties agree in writing that an impasse has been reached. Notwithstanding the fore- <br />pdfconvert. 9450.1. cabarms_agreement_2015. doc <br />30 <br />F -1 <br />Attachment number 1 <br />Page 110 <br />
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