third-party mediation

“(12) Disputes.— “(A) Third-party mediation defined .— For the purposes of this Contract, the term ‘third-party mediation’ means a form of mediation whereby the Secretary and the Contractor nominate a third party who is not employed by or significantly involved with the Secretary of the Interior, the Secretary of Health and Human Services, or the Contractor, to serve as a third-party mediator to mediate disputes under this Contract. “(B) Alternative procedures .— In addition to, or as an alternative to, remedies and procedures prescribed by section 110 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450m–1 ), 1 the parties to this Contract may jointly— “(i) submit disputes under this Contract to third-party mediation; “(ii) submit the dispute to the adjudicatory body of the Contractor, including the tribal court of the Contractor; “(iii) submit the dispute to mediation processes provided for under the laws, policies, or procedures of the Contractor; or “(iv) use the administrative dispute resolution processes authorized in subchapter IV of chapter 5 of title 5 , United States Code . “(C) Effect of decisions .— The Secretary shall be bound by decisions made pursuant to the processes set forth in subparagraph (B), except that the Secretary shall not be bound by any decision that significantly conflicts with the interests of Indians or the United States.

Source

25 USC § 1(b)(12)

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Scoping language

None identified, default scope is assumed to be the parent (section 5329) of this section.

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