
Public Health Grand Rounds
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A Menu of Suggested
Provisions for
Public Health Mutual Aid Agreements
Dispute Resolution
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Descriptive Note
This sort of provision is generally neither required nor prohibited
by law. Nonetheless, it is advisable to consult with legal counsel
before determining the means, if any, for resolving disputes. Some
states and other jurisdictions, for example, may be prohibited by
law from consenting to binding arbitration as a dispute resolution
mechanism.
Agreeing to informal resolution:
- Should disagreement arise on the interpretation of the provisions
of this Agreement that cannot be resolved at the operating level,
the area(s) of disagreement shall be stated in writing by each
Party and presented to the other Party for consideration. If
agreement on interpretation is not reached within thirty days,
the Parties shall forward the written presentation of the disagreement
to respective higher officials for appropriate resolution.
Establishing a dispute resolution entity:
- In the event that a dispute arises under this Agreement,
the Parties will make every effort to resolve the disagreement
at the lowest organizational level. If those efforts are not
successful, the Parties will seek input from their next higher
decision-making authority. Unresolved disputes shall be brought
before a Dispute Board, composed of one member appointed by
each Party. The Dispute Board shall review the facts, applicable
statutes and rules, and make a determination regarding the dispute.
The Parties agree to abide by the Dispute Board determination.
Submitting disputes to arbitration:
- Should a dispute arise between Parties, involved Parties
will make every effort to resolve the dispute within 30 days
of written notice of the dispute by the party asserting noncompliance.
In the event that the dispute is not resolved within 90 days
of the written notice, a Party may request the dispute be resolved
through arbitration. Arbitration under this provision shall
be conducted under the commercial arbitration rules of the American
Arbitration Association.
Creating a right to withdraw from the agreement:
- In the event of a breach of this Agreement, the remedy will
be the right to terminate this Agreement, in whole or in part,
by any Party without penalty of cost or expenses associated
with breach.
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