Binding Mediation. Any Dispute not resolved pursuant to Section 14.2 will, at the written request of any Party (a “Mediation Request”), be submitted to binding mediation in accordance with the International Institute for Conflict Prevention & Resolution (“CPR”) Mediation Procedure (the “Procedure”) then in effect, except as otherwise set forth in this Article. The mediation will be held in Palo Alto, California or such other place as the Parties may mutually agree. The Parties will have 20 days from receipt by a Party of a Mediation Request to agree on a mediator. If no mediator has been agreed upon by the Parties within 20 days of receipt by a Party of a Mediation Request, then any Party may request (on notice to the other Party) that CPR appoint a mediator in accordance with the Procedure. If the Dispute has not been resolved within the earlier of 60 days of the appointment of a mediator or 90 days after receipt by a Party of a Mediation Request, or within such longer period as the Parties may agree to in writing, either Party may submit the Dispute to binding arbitration in accordance with Section 14.4; provided, however, that if one Party fails to participate in the mediation, the other Party may commence arbitration in accordance with Section 14.4 prior to the expiration of the time periods set forth above.
Binding Mediation. Except as provided in Section 7.3(c) with respect to an Arbitrable Matter or Section 10.13 with respect to a Specified Dispute, any Dispute not resolved pursuant to Section 7.2 shall, at the written request of any Party (a “Mediation Request”), which Mediation Request shall be given to the other Party in the manner set forth in Section 10.5, be submitted to binding mediation. The mediation shall be held in the State of Delaware or such other place as the Parties may mutually agree. The procedures for binding mediation shall be as set forth in Schedule 7.3. Any mediator selected pursuant to this Section 7.3(b) shall meet the qualifications set forth in Schedule 7.3 and be neutral and disinterested with respect to each of the Parties and the matter.
Binding Mediation. If any dispute arises hereunder, the parties shaII submit such dispute to binding mediation in accordance with the ruIes and reguIations of a nationaI mediation association, as determined in the compIete discretion of the Company.
Binding Mediation. If a dispute develops between the parties to this Agreement and it cannot be settled between them, the parties agree to submit to binding mediation to be conducted by and in accordance with the laws of the State of Nevada, County of Xxxxx. The parties will select a mutually acceptable experienced and qualified complex business litigation mediator. The mediation is not to last more than one day, unless both parties agree that it is in their collective best interests to continue the mediation beyond that day. The process will begin with standard mediation where the parties shall make every effort to resolve disputed items with the assistance and direction of the mediator(s). If the mediation efforts conclude without a total settlement resolution on all disputed items, a Settlement Agreement will be written to reflect the successfully resolved items, signed by all parties. The mediator(s) shall then render a decision on any of the disputed items that could not be resolved by the clients during the mediation. If a Settlement Agreement exists, the decision(s) of the mediator(s) shall be written on a new Settlement Agreement and shall be signed by all parties. If no Settlement Agreement exists, a new Settlement Agreement shall be written that reflects the decisions of the mediator(s) and shall be signed by all parties. Both Settlement Agreements shall be final and binding on the parties. If any of the parties fails to sign that Settlement Agreement, that Settlement Agreement shall be binding on the parties as a result of signing this Binding Mediation provision. The mediator(s) shall not have any power to alter, amend, modify or change any of the terms of this Agreement nor to grant any remedy which is either prohibited by the terms of this Agreement or not available in a court of law. The parties acknowledge that the mediator(s) will be privy to certain personal, private and confidential information that is volunteered by the parties during the mediation session. The decision(s) of the mediator(s) may be due in part to this information. Unless a written agreement specifies the allocation of the filing fees, dispute resolution fees and related costs, the parties shall share the cost of the binding mediation process equally although personal attorneys and witnesses or professional experts and other specific expenses are the direct responsibility of each party. By signing this Agreement all parties acknowledge they have read, understand and agree to the Binding Me...
Binding Mediation. Each Party agrees to participate in an expedited, mandatory mediation conducted in accordance with the mediation rules of JAMS, Inc. (“JAMS”) for any issue or dispute arising out of or otherwise relating to Section 2.2.3 or Section 2.6.3 that remains unresolved following the good faith negotiation periods set forth herein. A Party shall initiate such mediation by submitting a request for mediation (“Mediation Request”) to the JAMS and the other Party by hand delivery and/or facsimile. Within ten (10) days thereafter, the Parties shall agree upon a single mediator to conduct the mediation or, if they are unable to agree request the JAMS to make the appointment. The mediation shall be conducted in a location within the continental United States selected by the Party not requesting mediation and, absent a written waiver executed by both Parties, shall be completed within thirty-five (35) days after either Party first submits a Mediation Request. All mediation fees payable to the JAMS shall be shared equally between the Parties. At the conclusion of the mediation, to the extent the Parties cannot mutually resolve the issues submitted to mediation, the mediator shall issue a final and binding decision in a manner either determined by the Parties or, in the event the Parties cannot agree, by the mediator.
Binding Mediation. If the dispute is not resolved by the means stated in paragraphs a and b above, both parents agree that they shall submit the dispute to binding mediation by a mutually acceptable mediator. The cost of the session or sessions with the mediator shall be shared equally.
Binding Mediation. The Parties shall attempt in good faith to resolve any dispute arising under this Agreement. If the Parties are unable to resolve the dispute within a reasonable period, then the dispute shall be finally settled by binding mediation in Los Angeles, California in accordance with the Commercial Rules of the American Arbitration Association. The cost for mediation shall initially be split evenly among the parties. The mediation shall be conducted by one mediator appointed in accordance with said rules. The mediator shall apply California law to resolve any dispute. The award rendered by the mediator may include costs of mediation, reasonable attorneys’ fees, and costs for witnesses. Judgment on the award rendered by the mediator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the Parties may apply to any court of competent jurisdiction for preliminary or interim equitable relief, or to compel mediation, in accordance with this paragraph, without breach of this mediation provision.
Binding Mediation. If a Dispute has been referred to mediation under Section 22.4 and the Parties both agree, they may at any time direct the mediator to issue a final and binding decision to resolve the Dispute. Such a decision shall have regard to the relief sought by the Parties but cannot have the effect, either directly or indirectly, of terminating this Agreement or any part thereof. For clarity, if the Parties agree to binding mediation, neither Party shall have any right to refer the Dispute to arbitration even if the Dispute includes a claim of fundamental breach.
Binding Mediation. In the event of a dispute, claim, or controversy arising out of or related to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted may be resolved by alternative dispute resolution (a “dispute”), the parties hereto agree to confer and negotiate in good faith for ten (10) days. If the dispute cannot be resolved in ten (10) days, the dispute shall be referred to and determined by binding mediation in accordance with JAMS International Mediation Rules. The neutral decision maker shall consist of a single mediator chosen by the parties or through and chosen by JAMS. The place of mediation shall be Minneapolis, Minnesota. Judgment upon the award rendered by the mediator may be entered in any court having jurisdiction thereof. Each party shall bear their own costs and expenses and shall share equally in the cost of the mediator. The JAMS forms and rules are available online at xxxxxxx.xxx.
Binding Mediation. 16.1 If one or more disputes arise between the parties with respect to the obligations and responsibilities of either party under this Agreement, any such dispute shall be resolved in accordance with the process described in this Section 16, provided, however, that if either party determines that provisional relief (e.g. a temporary restraining order or preliminary injunction) is required to provide temporary relief, nothing herein shall prevent the aggrieved party from applying to a court for provisional relief. An application for provisional relief to a court shall not relieve either party of its obligation under this [****Omitted and Filed Separately With the Commission Pursuant to a Request for Confidential Treatment.] Section 14 and shall not alter the power of the mediator to determine the rights and obligations of the Parties under this Agreement.
16.1.1 Either party may initiate the dispute resolution process by sending a written notice (which the parties hereby agree will automatically toll any applicable statute of limitations) of the alleged dispute and the alleged wrong suffered, to the members of the Dispute Resolution Committee, consisting of the following individuals at Seller and Buyer or their successors, who shall be persons holding positions at a level substantially equivalent to those named ("Dispute Committee"): SELLER BUYER ------ ----- General Manager The Chairman of the Board Telematics Division
16.1.2 Upon receipt of any such notice, the Dispute Committee, using all available and relevant resources of their respective companies, shall promptly investigate the facts and circumstances surrounding the disputes and shall meet (either in person or by telephone) to attempt to resolve the dispute. Any resolution reached, either informally or in such a meeting, shall be committed to writing and signed by the Dis- [****Omitted and Filed Separately With the Commission Pursuant to a Request for Confidential Treatment.] pute Committee and communicated to the appropriate management of the parties for implementation. This resolution shall be conclusive and binding upon the parties.
16.1.3 If a dispute is not resolved by the Dispute Committee, any party may pursue its action as set forth in Section 16.2 below.
16.1.4 Each of the parties specifically acknowledges and agrees that remedies at law for any breach of this Agreement would be inadequate, and that the parties, in addition to any other relief available, shall be entitled to specific perfor...
