Alternate Dispute Resolution (ADR). If those attempts fail, then the dispute will be mediated by a mutually acceptable mediator to be chosen by Motorola and Company within forty-five (45) days after written notice by either Party demanding mediation. Such mediation shall be conducted in a location to be agreed upon by the parties. Neither Party may unreasonably withhold consent to the selection of a mediator or location, and Motorola and Company will share the costs of the mediator equally. Each Party shall pay its own attorneys' fees. By mutual agreement, however, Motorola and Company may postpone mediation until each has completed some specified but limited discovery regarding the dispute. The Parties may also agree to replace mediation with some other form of alternate dispute resolution, such as neutral fact-finding or a mini-trial.
Alternate Dispute Resolution (ADR). Alternate Dispute Resolution is intended to provide a timely resolution with minimal formality.
(a) Mutual agreement by both parties shall be required.
(b) Neither side shall be represented by lawyers hired for this purpose
(c) Neither side will call witnesses except by mutual agreement
(d) The Parties shall mutually agree on an arbitrator
(e) Every effort will be made to complete the hearing in one working day.
(f) If possible, the decision will be immediately rendered verbally, but in either case will be provided in writing within ten (10) working days.
(g) Awards will be limited to the decision with a summary of the arbitrator’s reasons.
(h) All Alternate Dispute Resolution decisions shall be without prejudice and will not set precedent or be referred to in subsequent grievances.
(i) Each Party shall pay their own costs and expenses of the Arbitration and one-half (1/2) of the remuneration and disbursements or expenses of the Arbitrator.
(j) Should either Party wish to withdraw from this ADR process prior to the commencement of the hearing date, the Party responsible for the withdrawal shall serve written notice to the other Party and to the arbitrator In this circumstance, the Party withdrawing from the ADR process shall be responsible for any fees charged by the Arbitrator.
Alternate Dispute Resolution (ADR). 32.1 If a dispute arises between the Parties relating to this Agreement, the Parties agree to use the following procedure prior to either Party pursuing other available remedies:
(a) A meeting shall be held promptly between the Parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute.
(b) If, within twenty-one (21) days after such meeting, the Parties have not succeeded in negotiating a resolution of the dispute, the matter will be escalated to senior management of the parties, initially Glenx X. Xxxxxxxxxx, Xx., XXO of CONVERGENT and Larrx Xxxxxx, Xxesident of CSI.
(c) If, within thirty (30) days after such meeting, the Parties have not succeeded in negotiating a resolution of the dispute, they will jointly appoint a mutually acceptable neutral person not affiliated with either of the Parties (the "Neutral") to act as a mediator. If the Parties are unable to agree on the Neutral within twenty (20) days, they shall seek assistance in such regard from the CPR Institute for Dispute Resolutions ("CPR"). The fees of the Neutral and all other common fees and expenses shall be shared equally by the Parties.
(d) The mediation may proceed in accordance with CPR's Model Procedure for Mediation of Business disputes, or the Parties may mutually establish their own procedure.
(e) The Parties shall pursue mediation in good faith and in a timely manner. In the event the mediation does not result in resolution of the dispute within sixty (60) days, then, upon seven (7) days written notice to the other Party, either Party may suggest another form of ADR, e.g., a mini-trial or summary jury trial, or may pursue other available remedies.
32.2 All ADR proceedings shall be strictly confidential and used solely for the purposes of settlement. Any materials prepared by one Party for the ADR proceedings shall not be used as evidence by the other Party in any subsequent litigation; provided, however, the underlying facts supporting such materials may be subject to discovery.
32.3 Each Party shall, except as otherwise provided herein, be responsible for its expenses, including legal fees, incurred in the course of any arbitration proceedings. The fees of the Neutral arbitrator shall be divided evenly between the Parties.
32.4 CONVERGENT shall carry on and be paid for the technical and management services not in dispute and maintain the estimated schedule for Services during any Proprieta...
Alternate Dispute Resolution (ADR). By mutual agreement, the Parties will utilize an alternate process (i.e., mediation, mock arbitration, etc.) if requested, by either Party at any point in the grievance process prior to arbitration. The parties may decide to utilize the FMCS grievance mediation service.
12.14.1. If an employee chooses not to be represented by the union in an ADR process, the union will be notified of the date and time to attend on behalf of the bargaining unit. The union’s role in the process is to observe, not participate.
Alternate Dispute Resolution (ADR). The parties agree that they shall attempt to settle any dispute arising out of this Agreement, the execution thereof or in connection therewith, through friendly consultation and negotiation in the spirit of mutual cooperation, and if settlement cannot be reached within a reasonable time, then the dispute shall first be submitted to a mutually acceptable neutral advisor for non-binding mediation (“Mediation”). Neither party shall unreasonably withhold acceptance of such advisor, and selection thereof shall be made within thirty (30) days after written notice by one party requesting such Mediation. Any disputes arising hereunder which the parties cannot resolve in good faith within three (3) months of the date of the written request for Mediation, shall be submitted to the Judicial Arbitration and Mediation Services (“JAMS”) for arbitration in accordance with its rules and procedures (“Arbitration” and collectively with Mediation, “ADR”). Any ADR shall occur in Orange County, California. The parties are authorized in such arbitration proceedings to conduct discovery in accordance with the California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall give a detailed reasoned opinion. The parties agree that the arbitral award shall be final and binding upon both parties. The parties expressly waive their appeal rights under California Code of Civil Procedure § 1294(b), (c) and (d). The arbitral award may be enforced in any other jurisdiction by suit on the judgment or in any other manner provided by law. During ADR, the terms and conditions of this Agreement shall be performed continuously by both parties except for matters in dispute. Each party shall be responsible for all its own costs associated with the preparation and representation by attorneys, or any other persons retained thereby, to assist it in connection with any such ADR. All costs charged by JAMS or any other the mutually agreed upon ADR entity shall be equally shared by the parties pending the arbitration award. The arbitrator may include in the arbitration award costs, expenses and reasonable attorneys’ fees in favor of the prevailing party or parties. Notwithstanding anything to the contrary herein stated, each party’s right to seek injunctive relief in any court of competent jurisdiction against any person or entity as provided herein shall not be deemed waived or diminished for any reason whatsoever. Each party for itself irrevocably submits to the jurisdiction of JAMS in Orange ...
Alternate Dispute Resolution (ADR). Each party shall escalate any disputes arising hereunder to executive management, who will make good faith efforts to resolve the dispute in a timely manner. If attempts to resolve a dispute by each parties’ executive management fail, then the dispute will be mediated by a mutually acceptable mediator to be chosen by Customer and Plexus within forty-five (45) days after written notice by either party demanding mediation. Such mediation shall be conducted San Jose, California or another mutually-agreed location. Neither party may unreasonably withhold consent to the selection of a mediator, and Customer and Plexus will share the costs of the mediator equally. Each party shall pay its own attorneys’ fees. By mutual agreement, however, Customer and Plexus may postpone mediation until each has completed some specified but limited discovery regarding the dispute. The parties may also agree to replace mediation with some other form of alternate dispute resolution, such as neutral fact finding or a mini-trial. Any dispute which cannot be resolved between the parties through negotiation, mediation, or other form of ADR within three (3) months of the date of the initial demand for ADR by one of the parties may then be submitted to a court of competent jurisdiction in the State of California. The use of any ADR procedures will not be construed under the doctrines of laches, waiver, or estoppel to affect adversely the rights of either party. Nothing in this Section will prevent either party from resorting to judicial proceedings if (i) good faith efforts to resolve the dispute under these procedures have been unsuccessful, or (ii) interim relief from a court is deemed necessary by such party to prevent serious and irreparable injury to that party or to others.
Alternate Dispute Resolution (ADR). The parties agree to cooperate in good faith to resolve disputes informally. In the event of any issue(s) under this agreement that cannot be resolved, the parties can provide a written notice of dispute to their respective agency’s next level for review and resolution. The written notice must include:
a. An explanation of the reason for the dispute, including relevant facts; and
b. Citation to the relevant provision(s) of the agreement; and
c. Copies of supporting documents, if any; and
d. The desired outcome or remedy sought from the responding party.
Alternate Dispute Resolution (ADR). The parties recognize that bona fide disputes as to certain matters may arise from time to time during the term of this Agreement which relate to either party’s rights and/or obligations. To have such a dispute resolved by this Alternative Dispute Resolution (“ADR”) provision, a party first must send written notice of the dispute to the other party for attempted resolution by good faith negotiations between their respective presidents (or their designees) of the affected subsidiaries, divisions, or business units within twenty-eight (28) days after such notice is received (all references to “days” in this ADR provision are to calendar days). If the matter has not been resolved within twenty-eight (28) days of the notice of dispute, or if the parties fail to meet within such twenty-eight (28) days, either party may initiate an ADR proceeding as provided herein. The parties shall have the right to be represented by counsel in such a proceeding.
Alternate Dispute Resolution (ADR). The parties recognize the use of Alternate Dispute Resolution (ADR) as a voluntary attempt at dispute resolution. ADR techniques include a broad range of approaches for dealing with conflict and seeking solutions satisfactory to all parties. Either party may propose the use of ADR for resolution of a grievance at any stage of the grievance procedures and prior to invoking arbitration. The party proposing ADR shall submit their proposal to the other party in writing. The non- proposing party may accept or reject the proposal at their sole discretion. The acceptance or rejection shall be in writing and shall be delivered to the proposing party within ten (10) days of receipt of the proposal. Failure to respond to the proposal within ten (10) days of receipt shall be considered a rejection of the proposal for ADR. If the parties agree to a form of ADR, the party that proposed the ADR
Alternate Dispute Resolution (ADR). If attempts to resolve a dispute by each parties’ executive management fail, then the dispute will be mediated by a mutually acceptable mediator to be chosen by Customer and Plexus within forty-five (45) days after written notice by either party demanding mediation. Neither party may unreasonably withhold consent to the selection of a mediator or to the venue for the mediation, and Customer and Plexus will share the costs of the mediator *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. Plexus and Hemosense, Inc. FINAL EXECUTION DOCUMENT October 29, 2003 LF PSA-Mfg. Only-Med. Prov. 13 equally. Each party shall pay its own attorneys’ fees. By mutual agreement, however, Customer and Plexus may postpone mediation until each has completed some specified but limited discovery regarding the dispute. The parties may also agree to replace mediation with some other form of alternate dispute resolution, such as neutral fact finding or a mini-trial. Any dispute which cannot be resolved between the parties through negotiation, mediation or other form of ADR within three (3) months of the date of the initial demand for ADR by one of the parties may then be submitted to a court of competent jurisdiction. The use of any ADR procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either party. Nothing in this Section will prevent either party from resorting to judicial proceedings if (i) good faith efforts to resolve the dispute under these procedures have been unsuccessful; or (ii) interim relief from a court is necessary to prevent serious and irreparable injury to that party or to others.
