Common use of Arbitration/Mediation Clause in Contracts

Arbitration/Mediation. (a) Any dispute, controversy or claim involving any Party or its Affiliates arising out of or relating to this Agreement or any Ancillary Agreements (a “Dispute”), shall first be submitted to a senior business person of each of Purchaser and Seller, each with authority to resolve the Dispute. If such Persons cannot resolve the Dispute within thirty (30) days after notice of a Dispute, either Party may submit such Dispute to nonbinding mediation in accordance with the Commercial Mediation Procedures of the American Arbitration Association (“AAA”). Such mediation shall be attended on behalf of each Party by a senior business person with authority to resolve the Dispute. Any period of limitations that would otherwise expire between the initiation of a mediation and its conclusion shall be extended until twenty (20) days after the conclusion of the mediation. The costs of mediation shall be shared equally by the parties to the mediation. (b) Any Dispute that cannot be resolved for any reason by mediation within sixty (60) days of notice by one Party to the other of the existence of a Dispute (unless the Parties agree in writing to extend that period) shall be finally resolved by arbitration in accordance with the Commercial Arbitration Rules of the AAA (“AAA Rules”) and the Federal Arbitration Act, 9 U.S.C. §1 et seq. The arbitration shall be conducted in New York City, New York. There shall be a panel of three (3) arbitrators (hereinafter “the Panel”) appointed in accordance with the following. Each party will select one independent, impartial and conflicts-free neutral, and those two neutrals will select a third independent, impartial and conflicts-free neutral. None of the neutrals selected for the Panel may be current or former employees, officers, or directors of each party, its subsidiaries or Affiliates. The arbitration shall be conducted over the course of consecutive business days and weeks. (c) The Panel shall decide the Dispute in accordance with the substantive law of New York. THE PANEL SHALL NOT AWARD EITHER PARTY NON-COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW, UNLESS SUCH PARTY IS SEEKING SUCH TYPE OF DAMAGES ON THE BASIS THAT IT WAS REQUIRED TO PAY SUCH TYPE OF DAMAGES TO A THIRD PARTY. The award of the Panel may be entered in any court of competent jurisdiction. (d) The costs of the arbitration including the fees and expenses of the Panel and reasonable attorneys’ fees and expenses shall be borne by the non-prevailing Party and awarded by the Panel in the award. In determining the reasonableness of the attorneys fees the Panel shall take into account all relevant facts and circumstances, including but not limited to the amount of damages sought and the amount of the award.

Arbitration/Mediation. ‌ Mediation may be considered by either the City or the FOP prior to and as an alternative to the arbitration process. Both parties recognize that should mediation be pursued, neither party gives up the right to submit the dispute or grievance to arbitration. If the dispute or grievance is not settled in the foregoing steps of the grievance procedure and it involves the interpretation, application, or claimed violation of any provision of this Agreement, then either party may, upon written demand given to the other party, within ten (a10) Any dispute, controversy working days (after the City's answer in the last step or the Police's answer to the City's claim involving any Party or its Affiliates arising out of or relating to this Agreement or any Ancillary Agreements (a “Dispute”violation of the no-strike pledge), submit said dispute or grievance to arbitration, as follows: The arbitration shall first proceed before a Board of Arbitration, which shall consist of three members. One member shall be submitted appointed by the city, one member by the Police and the two members so appointed shall select the third member, who shall act as Chairman of the Board. Within five (5) working days after the written demand for arbitration is made as above provided, the party demanding arbitration shall notify the other party, in writing, of the person appointed, as its member of the Board of Arbitration. Within five (5) working days after receipt of said notice of appointment, the other party shall likewise notify, in writing, the person appointed as its member. Within five (5) working days thereafter, the two persons so appointed shall select the third member to a senior business person act as Chairman of each of Purchaser and Seller, each with authority to resolve the DisputeBoard. If such Persons cannot resolve either party or their appointed members fail or refuse, within the Dispute within thirty (30) days after aforesaid time, to make the appointment or selection, as aforesaid, then either party may, upon written notice of a Disputeto the other request the American Arbitration Association to make said appointment or selection, either Party as the case may submit such Dispute be according to nonbinding mediation in accordance with its rules or to fill any vacancies that may occur that the Commercial Mediation Procedures parties fail to refuse to fill. The arbitration proceeding shall be conducted under the rules of the American Arbitration Association (“AAA”)Association. Such mediation The Board of Arbitration shall be attended on behalf of each Party by a senior business person with not have authority to resolve the Dispute. Any period of limitations that would otherwise expire between the initiation of a mediation and its conclusion shall be extended until twenty (20) days after the conclusion add to, subtract from, modify, change or alter any of the mediationprovisions of this Agreement. The costs of mediation shall be shared equally by the parties to the mediation. (b) Any Dispute that cannot be resolved for any reason by mediation within sixty (60) days of notice by one Party to the other of the existence of a Dispute (unless the Parties agree in writing to extend that period) shall be finally resolved by arbitration in accordance with the Commercial Arbitration Rules of the AAA (“AAA Rules”) and the Federal Arbitration Act, 9 U.S.C. §1 et seq. The arbitration shall be conducted in New York City, New York. There shall be a panel of three (3) arbitrators (hereinafter “the Panel”) appointed in accordance with the following. Each party will select one independent, impartial and conflicts-free neutral, and those two neutrals will select a third independent, impartial and conflicts-free neutral. None of the neutrals selected for the Panel may be current or former employees, officers, or directors of each party, its subsidiaries or Affiliates. The arbitration shall be conducted over the course of consecutive business days and weeks. (c) The Panel Board shall decide the Dispute in accordance with dispute and render its award by majority vote; and the substantive law Board's award shall be final and binding on the parties. Each officer so appealing and the City shall bear the expenses of New York. THE PANEL SHALL NOT AWARD EITHER PARTY NON-COMPENSATORYits appointed members, INCIDENTALrepresentatives, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW, UNLESS SUCH PARTY IS SEEKING SUCH TYPE OF DAMAGES ON THE BASIS THAT IT WAS REQUIRED TO PAY SUCH TYPE OF DAMAGES TO A THIRD PARTY. The award of the Panel may be entered in any court of competent jurisdiction. (d) The costs of the arbitration including and witnesses; and the fees and expenses of the Panel and reasonable attorneys’ fees and expenses Board's chairman shall be borne equally by said parties. In the case of a grievance involving any continuing or other money claims against the City, no award shall be made by the non-prevailing Party and awarded by Arbitrator which shall allow any alleged accruals extending back more than fifteen (15) calendar days prior to the Panel date when such grievance shall have first been presented in writing, except in the award. In determining the reasonableness case of the attorneys fees the Panel an improper suspension or dismissal which shall take into account all relevant facts and circumstances, including but not limited be made retroactive to the amount date of damages sought and the amount of the awardsuspension or dismissal.

Arbitration/Mediation. (a) Any dispute, controversy or claim involving any Party or its Affiliates between the parties hereto arising out of or relating to this Agreement either during or any Ancillary Agreements (a “Dispute”)after the term hereof, shall first be submitted to a senior business person settled by arbitration conducted in the Commonwealth of each of Purchaser and SellerMassachusetts, each with authority to resolve the Dispute. If such Persons cannot resolve the Dispute within thirty (30) days after notice of a Dispute, either Party may submit such Dispute to nonbinding mediation in accordance with the Commercial Mediation Procedures Rules of the American Arbitration Association then in force, provided, however, the Executive acknowledges that in the event of a violation of Sections 11 and 12 of this Agreement, the Company shall be entitled to obtain from a state or federal court in the Commonwealth of Massachusetts, temporary, preliminary or permanent injunctive relief (“AAA”without the necessity of posting any bond or other security), which rights shall be in addition to any other rights or remedies to which it may be entitled. Moreover, nothing in this provision prevents the Executive from filing, cooperating with, or participating in any proceeding before the EEOC or a state Fair Employment Practices Agency relating to discrimination or bias (except that the Executive acknowledges that he may not recover any monetary benefits in connection with any such proceeding). Such mediation The decision of the arbitrator or arbitrators conducting any such arbitration proceedings shall be attended on behalf in writing, shall set forth the basis therefor and such arbitrator’s or arbitrators’ decision or award shall be final and binding upon the parties hereto. The parties hereto shall abide by all awards rendered in such arbitration proceedings, and all such awards may be enforced and executed upon in any court having jurisdiction over the party against whom or which enforcement of such award is sought. Notwithstanding the foregoing of this Section 8, each Party by of the parties agrees that, prior to submitting a senior business person with authority dispute under this Agreement to resolve arbitration, the Dispute. Any parties agree to submit, for a period of limitations that would otherwise expire between the initiation of a mediation and its conclusion shall be extended until twenty (20) days after the conclusion of the mediation. The costs of mediation shall be shared equally by the parties to the mediation. (b) Any Dispute that cannot be resolved for any reason by mediation within sixty (60) days days, to voluntary mediation before a jointly selected neutral third party mediator under the auspices of notice by one Party JAMS, Boston, Massachusetts, Resolution Center (or any successor location), pursuant to the procedures of JAMS International Mediation Rules conducted in the Commonwealth of Massachusetts (however, such mediation or obligation to mediate shall not suspend or otherwise delay any termination or other action of the existence of a Dispute (unless Company or affect the Parties agree in writing to extend that period) shall be finally resolved by arbitration in accordance with the Commercial Arbitration Rules of the AAA (“AAA Rules”) and the Federal Arbitration Act, 9 U.S.C. §1 et seq. The arbitration shall be conducted in New York City, New York. There shall be a panel of three (3) arbitrators (hereinafter “the Panel”) appointed in accordance with the following. Each party will select one independent, impartial and conflicts-free neutral, and those two neutrals will select a third independent, impartial and conflicts-free neutral. None of the neutrals selected for the Panel may be current or former employees, officers, or directors of each party, its subsidiaries or Affiliates. The arbitration shall be conducted over the course of consecutive business days and weeksCompany’s other rights). (c) The Panel shall decide the Dispute in accordance with the substantive law of New York. THE PANEL SHALL NOT AWARD EITHER PARTY NON-COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW, UNLESS SUCH PARTY IS SEEKING SUCH TYPE OF DAMAGES ON THE BASIS THAT IT WAS REQUIRED TO PAY SUCH TYPE OF DAMAGES TO A THIRD PARTY. The award of the Panel may be entered in any court of competent jurisdiction. (d) The costs of the arbitration including the fees and expenses of the Panel and reasonable attorneys’ fees and expenses shall be borne by the non-prevailing Party and awarded by the Panel in the award. In determining the reasonableness of the attorneys fees the Panel shall take into account all relevant facts and circumstances, including but not limited to the amount of damages sought and the amount of the award.

Arbitration/Mediation. Mediation may be considered by either the City or the FOP prior to and as an alternative to the arbitration process. Both parties recognize that should mediation be pursued, neither party gives up the right to submit the dispute or grievance to arbitration. If the dispute or grievance is not settled in the foregoing steps of the grievance procedure and it involves the interpretation, application, or claimed violation of any provision of this Agreement, then either party may, upon written demand given to the other party, within ten (a10) Any dispute, controversy working days (after the City's answer in the last step or the Police's answer to the City's claim involving any Party or its Affiliates arising out of or relating to this Agreement or any Ancillary Agreements (a “Dispute”violation of the no-strike pledge), submit said dispute or grievance to arbitration, as follows: The arbitration shall first proceed before a Board of Arbitration, which shall consist of three members. One member shall be submitted appointed by the city, one member by the Police and the two members so appointed shall select the third member, who shall act as Chairman of the Board. Within five (5) working days after the written demand for arbitration is made as above provided, the party demanding arbitration shall notify the other party, in writing, of the person appointed, as its member of the Board of Arbitration. Within five (5) working days after receipt of said notice of appointment, the other party shall likewise notify, in writing, the person appointed as its member. Within five (5) working days thereafter, the two persons so appointed shall select the third member to a senior business person act as Chairman of each of Purchaser and Seller, each with authority to resolve the DisputeBoard. If such Persons cannot resolve either party or their appointed members fail or refuse, within the Dispute within thirty (30) days after aforesaid time, to make the appointment or selection, as aforesaid, then either party may, upon written notice of a Disputeto the other request the American Arbitration Association to make said appointment or selection, either Party as the case may submit such Dispute be according to nonbinding mediation in accordance with its rules or to fill any vacancies that may occur that the Commercial Mediation Procedures parties fail to refuse to fill. The arbitration proceeding shall be conducted under the rules of the American Arbitration Association (“AAA”)Association. Such mediation The Board of Arbitration shall be attended on behalf of each Party by a senior business person with not have authority to resolve the Dispute. Any period of limitations that would otherwise expire between the initiation of a mediation and its conclusion shall be extended until twenty (20) days after the conclusion add to, subtract from, modify, change or alter any of the mediationprovisions of this Agreement. The costs of mediation shall be shared equally by the parties to the mediation. (b) Any Dispute that cannot be resolved for any reason by mediation within sixty (60) days of notice by one Party to the other of the existence of a Dispute (unless the Parties agree in writing to extend that period) shall be finally resolved by arbitration in accordance with the Commercial Arbitration Rules of the AAA (“AAA Rules”) and the Federal Arbitration Act, 9 U.S.C. §1 et seq. The arbitration shall be conducted in New York City, New York. There shall be a panel of three (3) arbitrators (hereinafter “the Panel”) appointed in accordance with the following. Each party will select one independent, impartial and conflicts-free neutral, and those two neutrals will select a third independent, impartial and conflicts-free neutral. None of the neutrals selected for the Panel may be current or former employees, officers, or directors of each party, its subsidiaries or Affiliates. The arbitration shall be conducted over the course of consecutive business days and weeks. (c) The Panel Board shall decide the Dispute in accordance with dispute and render its award by majority vote; and the substantive law Board's award shall be final and binding on the parties. Each officer so appealing and the City shall bear the expenses of New York. THE PANEL SHALL NOT AWARD EITHER PARTY NON-COMPENSATORYits appointed members, INCIDENTALrepresentatives, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW, UNLESS SUCH PARTY IS SEEKING SUCH TYPE OF DAMAGES ON THE BASIS THAT IT WAS REQUIRED TO PAY SUCH TYPE OF DAMAGES TO A THIRD PARTY. The award of the Panel may be entered in any court of competent jurisdiction. (d) The costs of the arbitration including and witnesses; and the fees and expenses of the Panel and reasonable attorneys’ fees and expenses Board's chairman shall be borne equally by said parties. In the case of a grievance involving any continuing or other money claims against the City, no award shall be made by the non-prevailing Party and awarded by Arbitrator which shall allow any alleged accruals extending back more than fifteen (15) calendar days prior to the Panel date when such grievance shall have first been presented in writing, except in the award. In determining the reasonableness case of the attorneys fees the Panel an improper suspension or dismissal which shall take into account all relevant facts and circumstances, including but not limited be made retroactive to the amount date of damages sought and the amount of the awardsuspension or dismissal.

Arbitration/Mediation. If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in steps 1, 2, 3 and 4, herein, the union may advance the issue to arbitration within fourteen (a14) Any disputecalendar days following receipt of the step 3 written reply. In lieu of arbitration, controversy the Union and Employer may jointly choose to use grievance mediation as the final step in the grievance procedure. If mediation is not mutually agreed to, arbitration will take place. If the Employer and the union fail to agree on an arbitrator, a list of eleven (11) arbitrators shall be requested from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one name remains. The person whose name remains shall be the arbitrator. The arbitrator's decision shall be final and binding on all parties, subject to the following terms and conditions. The arbitrator shall have no authority to add to, subtract from, or claim involving any Party otherwise change or its Affiliates arising out modify the provisions of or relating this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall not substitute his judgment for that of the Employer in matters involving employee competency or any Ancillary Agreements (ability, or in patient care issues where the Employer's judgment is based upon established job criteria and exercised in good faith. Any dismissal of a “Dispute”)grievance by the arbitrator, whether on the merits or on procedural grounds, shall first be submitted to a senior business person bar any further arbitration of each of Purchaser and Seller, each with the issue in dispute. The Arbitrator shall have no authority to resolve the Dispute. If such Persons cannot resolve the Dispute within thirty (30) days after notice of a Dispute, either Party may submit such Dispute to nonbinding mediation in accordance with the Commercial Mediation Procedures of the American Arbitration Association (“AAA”). Such mediation shall be attended on behalf of each Party by a senior business person with authority to resolve the Dispute. Any period of limitations that would otherwise expire between the initiation of a mediation and its conclusion shall be extended until twenty (20) days after the conclusion of the mediation. The costs of mediation shall be shared equally by the parties to the mediation. (b) Any Dispute that cannot be resolved for any reason by mediation within sixty (60) days of notice by one Party to the other of the existence of a Dispute (unless the Parties agree in writing to extend that period) shall be finally resolved by arbitration in accordance with the Commercial Arbitration Rules of the AAA (“AAA Rules”) and the Federal Arbitration Act, 9 U.S.C. §1 et seq. The arbitration shall be conducted in New York City, New York. There shall be a panel of three (3) arbitrators (hereinafter “the Panel”) appointed in accordance with the followingaward punitive damages or interest. Each party will select one independent, impartial and conflictsshall bear one-free neutral, and those two neutrals will select a third independent, impartial and conflicts-free neutral. None half (1/0) of the neutrals selected for the Panel may be current or former employees, officers, or directors of each party, its subsidiaries or Affiliates. The arbitration shall be conducted over the course of consecutive business days and weeks. (c) The Panel shall decide the Dispute in accordance with the substantive law of New York. THE PANEL SHALL NOT AWARD EITHER PARTY NON-COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW, UNLESS SUCH PARTY IS SEEKING SUCH TYPE OF DAMAGES ON THE BASIS THAT IT WAS REQUIRED TO PAY SUCH TYPE OF DAMAGES TO A THIRD PARTY. The award fee of the Panel may be entered in arbitrator and any court of competent jurisdiction. (d) The costs of other expense jointly incurred incident to the arbitration including the fees and expenses of the Panel and reasonable attorneys’ fees and expenses shall be borne by the non-prevailing Party and awarded by the Panel in the awardhearing. In determining the reasonableness of the attorneys fees the Panel shall take into account all relevant facts and circumstancesAll other expenses, including but not limited to legal fees, deposition costs, witness fees, and any and every other cost related to the amount presentation of damages sought a party's case in this or any other forum, shall be borne by the party incurring them, and neither party shall be responsible for the amount expenses of witnesses called by the other party. Except where specifically provided elsewhere in this Agreement, neither party shall be required during the term of this Agreement to provide the other party with any data, documents or information in its possession or under its control for any purpose except insofar as it may be relevant to a pending grievance or to pending negotiations for a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Article 17. If necessary, the Arbitrator shall resolve discovery rights of the awardparties as to grievances submitted to arbitration.