Consultations and mediation Sample Clauses

Consultations and mediation. Article 174
AutoNDA by SimpleDocs
Consultations and mediation. 1. The Parties shall make every effort to resolve any disagreement relating to the Interpretation and Implementation of this Agreement through consultations as rapidly as possible. Either Party may initiate consultations through a written request to the other Party. Unless the Parties otherwise agree, the Parties shall consult within 20 days of delivery of the request. 2. If the Parties do not resolve a disagreement that is not subject to Expert Determination within 120 days of the delivery of the request for consultations, either Party may refer the disagreement to arbitration pursuant to Article 17 within 30 days. 3. The Parties may also agree to submit any disagreement relating to the Interpretation and Implementation of this Agreement to non-binding mediation by a neutral third party In addition to, or In lieu of, the procedures set out in this Article and In Article 17.
Consultations and mediation. ARTICLE 382
Consultations and mediation. ARTICLE 204
Consultations and mediation. Request for information
Consultations and mediation. 1. The Parties shall at all times endeavour to agree on the interpretation and implementation of this Agreement. In the event of disagreement or conflict, the Parties shall endeavour to find solutions through consultation and mediation. 2. A party wishing to launch a consultation process shall notify the other Party and the JIC in writing of its request, specifying the subject matter and summarising the reasons. 3. The consultation process shall start within 40 days and shall be deemed to be concluded within 90 days of the date on which the request for a consultation process was submitted, unless the Parties agree otherwise. However, in urgent cases, either Party may ask for a consultation process be launched within 5 days and concluded within 30 days of the request, unless the Parties agree otherwise. 4. If a consultation process does not lead to a mutually agreed resolution of the disagreement or conflict, the Parties may agree to call upon the services of a mediator. Notwithstanding any such request, either Party may refer the matter to arbitration directly. 5. The Parties shall agree on the selection of a mediator within 15 days of reaching agreement on the mediation request. The mediator shall receive submissions from the Parties and agree on a mediation session. Unless the Parties agree otherwise, within 60 days of their being selected, the mediator shall submit to both Parties an opinion on resolving the disagreement or conflict in accordance with this Agreement. 6. The mediator’s opinion shall not be legally binding.
Consultations and mediation. 1. The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement, and to resolve any dispute by first entering into consultations and mediation in good faith with the aim to reach a mutually agreed solution. 2. A Party wishing to commence consultations shall notify the other Party and the JMRC in writing, including identification of the subject matter and summary arguments in support of the request. 3. Consultations shall be initiated within 40 days and be deemed concluded within 90 days of the date of the submission of the request, unless both Parties agree differently. Notwithstanding the foregoing consultations, either Party may in the case of urgent matters initiate consultations within 15 days. Such consultations will be concluded within 30 days of the date of the submission of the request, unless both Parties agree differently. 4. If consultations fail to produce a mutually agreed solution, both Parties may agree to seek recourse to a mediator. Nevertheless, either party may submit the dispute to arbitration without recourse to mediation. 5. The Parties shall jointly select a mediator within 15 days of the date of the agreement to request mediation. The mediator shall receive submissions from both Parties and convene a mediation meeting. Unless both Parties agree differently, the mediator shall notify an opinion on how to resolve the dispute consistent with the provisions of this Agreement no later than 60 days after having been selected. 6. The opinion of the mediator is non-binding.
AutoNDA by SimpleDocs

Related to Consultations and mediation

  • Negotiation and Mediation If either party serves written notice of a Dispute upon the other party (a “Dispute Notice”), the parties will first attempt to resolve the Dispute by direct discussions between representatives of the parties who have authority to settle the Dispute. In the event the Dispute is not resolved within 15 days by the initial representatives to whom the matter is referred, the Dispute will be escalated for resolution to the CFO of each party. If the parties agree, they may also attempt to resolve the Dispute through mediation administered by a mutually agreed upon mediator.

  • Consultation Services The company hereby employs the consultant to perform the following services in accordance with the terms and conditions set forth in this agreement: The consultant will consult with the officers and employees of the company concerning matters relating to the management and organization of the company, their financial policies, the terms and conditions of employment, and generally any matter arising out of the business affairs of the company.

  • Mandatory Mediation Prior to and as a condition of either Party’s filing suit in state or federal court, the Parties shall engage in a mediated settlement conference in accordance with the North Carolina Superior Court Rules Implementing Statewide Mediation. The Parties shall mediate in good faith until settlement is reached or an impasse is declared by the mediator.

  • Technical Consultations If a Party has a significant concern with respect to food safety, plant health, or animal health, or an SPS measure that the other Party has proposed or implemented, that Party may request technical consultations with the other Party. The Party that is the subject of the request should respond to the request without undue delay. Each Party shall endeavour to provide the information necessary to avoid a disruption to trade and, as the case may be, to reach a mutually acceptable solution.

  • Termination of Mediation The mediation shall be terminated: 1) By the execution of a Settlement Agreement by the Parties; 2) By a written declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or 3) By a written declaration of a Party or Parties to the effect that the mediation proceedings are terminated.

  • Good Offices, Conciliation or Mediation 1. The Parties may at any time agree to good offices, conciliation or mediation. They may begin at any time and be terminated by either Party at any time. 2. If the Parties agree, procedures for good offices, conciliation or mediation may continue while the dispute proceeds for resolution before an arbitral tribunal appointed under Article 15.5. 3. All proceedings under this Article shall be confidential and without prejudice to the rights of either Party in any further proceedings under the provisions of this Chapter.

  • Dispute Resolution; Mediation (a) Either party may commence the dispute resolution process of this Section 8.2 by giving the other party written notice (a “Dispute Notice”) of any controversy, claim or dispute of whatever nature arising out of or relating to or in connection with this Agreement, any Ancillary Agreement or the breach, termination, enforceability or validity thereof (a “Dispute”) which has not been resolved in the normal course of business or as provided in the relevant Ancillary Agreement. The parties shall attempt in good faith to resolve any Dispute by negotiation between executives of each party (“Senior Party Representatives”) who have authority to settle the Dispute and, unless discussions between the parties are already at a senior management level, who are at a higher level of management than the Persons who have direct responsibility for the administration of this Agreement or the relevant Ancillary Agreement. Within fifteen (15) days after delivery of the Dispute Notice, the receiving party shall submit to the other a written response (the “Response”). The Dispute Notice and the Response shall include (i) a statement setting forth the position of the party giving such notice and a summary of arguments supporting such position and (ii) the name and title of such party’s Senior Party Representative and any other Persons who will accompany the Senior Party Representative at the meeting at which the parties will attempt to settle the Dispute. Within thirty (30) days after the delivery of the Dispute Notice, the Senior Party Representatives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. The parties shall cooperate in good faith with respect to any reasonable requests for exchanges of Information regarding the Dispute or a Response thereto. (b) If the Dispute has not been resolved within sixty (60) days after delivery of the Dispute Notice, or if the parties fail to meet within thirty (30) days after delivery of the Dispute Notice as hereinabove provided, the parties shall make a good faith attempt to settle the Dispute by mediation pursuant to the provisions of this Section 8.2 before resorting to arbitration contemplated by Section 8.3 or any other dispute resolution procedure that may be agreed by the parties. (c) All negotiations, conferences and discussions pursuant to this Section 8.2 shall be confidential and shall be treated as compromise and settlement negotiations. Nothing said or disclosed, nor any document produced, in the course of such negotiations, conferences and discussions that is not otherwise independently discoverable shall be offered or received as evidence or used for impeachment or for any other purpose in any current or future arbitration. (d) Unless the parties agree otherwise, the mediation shall be conducted in accordance with the CPR Institute for Dispute Resolution Model Procedure for Mediation of Business Disputes in effect on the date of this Agreement by a mediator mutually selected by the parties. (e) Within thirty (30) days after the mediator has been selected as provided above, both parties and their respective attorneys shall meet with the mediator for one (1) mediation session, it being agreed that each party representative attending such mediation session shall be a Senior Party Representative with authority to settle the Dispute. If the Dispute cannot be settled at such mediation session or at any mutually agreed continuation thereof, either party may give the other and the mediator a written notice declaring the mediation process at an end. (f) Costs of the mediation shall be borne equally by the parties involved in the matter, except that each party shall be responsible for its own expenses. (g) Any Dispute regarding the following matters is not required to be negotiated or mediated prior to seeking relief from an arbitrator or, if applicable, from a court pursuant to Section 10.14: (i) breach of any obligation of confidentiality or waiver of Privilege; and (ii) any other claim where interim relief is sought to prevent serious and irreparable injury to one of the parties. However, the parties to the Dispute shall make a good faith effort to negotiate and mediate such Dispute, according to the above procedures, while such arbitration is pending.

  • Consultations A Party may request in writing consultations with the other Party with respect to any matter referred to in Article 174 (Scope of Application).

  • Voluntary Mediation a) The central parties may, on mutual agreement, request the assistance of a mediator. b) Where the central parties have agreed to mediation, the cost shall be shared equally between the central parties. c) Timelines shall be suspended for the period of mediation.

  • Conduct of Mediation In consultation with the mediator, the parties will determine a location, timetable and procedure for the mediation or, if the parties cannot agree on these matters within 7 Working Days of the appointment of the mediator these matters will be determined by the mediator.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!