ALTERNATE DISPUTE RESOLUTION (ADR). Alternate Dispute Resolution is intended to provide a timely resolution with minimal formality. The terms are as follows:
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). The Parties recognize that there are times when an expedited alternate dispute resolution process arbitration may be desirable, and therefore, agree that the following process may be used as a substitute for the formal arbitration grievance procedure outlined in this article of the Collective Agreement.
ALTERNATE DISPUTE RESOLUTION (ADR). 33.1 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:
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 shall be responsible for notifying and requesting the services of the ADR service. The ADR service will be selected by mutual agreement of both parties. The parties shall execute a written agreement with the provider of the ADR service pertaining to confidentiality of the process before commencing with the process. In the event the ADR process results in resolution of the grievance, such resolution shall be formally documented in a settlement agreement executed by the parties. Either party may terminate the ADR process at any time prior to or during the ADR process by written notice to the other party. The use of ADR will serve to suspend the time limits of this Article between the date the parties enter into an agreement to use ADR and the date a party delivers a notice of termination of the ADR process.
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). 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.
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:
ALTERNATE DISPUTE RESOLUTION (ADR). The Parties recognize that from time to time a dispute may arise relating to either Party’s rights or obligations under this Agreement. The Parties agree that any such dispute shall be resolved by the Alternative Dispute Resolution (“ADR”) provisions set forth in this Exhibit 9.11, the result of which shall be binding upon the Parties. To begin the ADR process, a party first must send written notice of the dispute to the other party for attempted resolution by good faith negotiations between their respective [ * ] (or their designees) of the affected subsidiaries, divisions, or business units within [ * ] 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 [ * ] days after the notice of dispute, or if the parties fail to meet within such [ * ] 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). [ * ] [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
