Binding Alternative Dispute Resolution. If the parties cannot agree after these meetings on a resolution or a course of action to resolve the dispute, then the parties may agree to any form of alternative dispute resolution (ADR) to attempt to resolve the issue. Neither party shall be bound to submit to ADR but if both parties agree to submit the dispute to ADR, then both parties shall be bound to the outcome and decision made by the ADR process. Such ADR shall be conducted in the place where the project is located and judgement upon the award rendered in ADR may be entered in any court having proper jurisdiction thereof, with venue in the place where the Project is located.
Binding Alternative Dispute Resolution. Any remaining dispute arising under this Agreement shall be resolved by using alternative dispute resolution (ADR) procedures, which can hopefully avoid or reduce the acrimony resulting from adversarial litigation. If the efforts through face-to-face negotiations in paragraph 1, above, are not successful, the parties will initiate a mini-trial (ADR) process with selection of a neutral advisor, who will schedule a mini-trial to occur approximately 30 business days after the selection of the neutral advisor. The neutral advisor will introduce an impartial opinion approximately 15 business days after completion of the mini-trial. Throughout the ADR process, the neutral will provide an element of mediation with the goal of having the parties resolve the dispute without issuance of the impartial opinion. However, if the parties do not reach agreement, the impartial opinion rendered by the neutral advisor will be binding and judgment upon that opinion may be entered in any court having jurisdiction thereof. The parties may elect to use an arbitration/mediation service which specializes in timely ADR, such as ENDISPUTE or the Judicial Arbitration and Mediation Services, Inc. All expenses such as the cost of the neutral advisor or the hearing facility will be shared equally.
Binding Alternative Dispute Resolution. All disputes and disagreements shall be resolved first by negotiation between the parties including escalation to senior management for both parties. Failing such negotiations, at the request of either party, senior management shall appear before a neutral mediator appointed by the American Arbitration Association in Delaware. If mediation fails, the matter shall be submitted to final, binding, expedited, and confidential arbitration before a neutral retired judge (the “Arbitrator”) appointed by the American Arbitration Association in Delaware. The arbitration hearing shall be limited to two hearing days (one for each party’s presentation of evidence) unless the Arbitrator orders, for good cause, an extension of the hearing. The decision of the arbitrator shall be final and binding on all parties and it may be enforced in any court of competent jurisdiction. In the written decision made following the arbitration hearing, the Arbitrator shall not modify or otherwise change any term or condition of this Agreement. The costs of the mediation and of the arbitration shall be shared equally between the parties; each party shall bear their own legal fees and other expenses.
