COSTS OF THE MEDIATION Sample Clauses

COSTS OF THE MEDIATION. The costs of the mediation are as follows: (“the Parties”) (“the Mediator”) have entered into a Mediation Agreement dated 20 in accordance with which the Mediator will conduct a Mediation. 1. The undersigned acknowledge by their signatures that they attend the mediation based on their understanding and agreement to the terms of clauses 2 and 3, below. 2. Each of the undersigned undertakes to the Parties and to the Mediator: 2.1 to keep confidential to themselves all information disclosed during the Mediation including the preliminary steps in the Mediation (“confidential information”); 2.2 not to act contrary to the undertaking in clause 2.1 unless compelled to do so by law or with the consent of the Party who disclosed the confidential information; 2.3 not to use confidential information for a purpose other than the Mediation. 3. Each of the undersigned undertakes to the Parties and the Mediator that the following will be privileged and will not be disclosed in or relied upon or be the subject of any subpoena to give evidence or produce documents in any judicial proceeding between the Parties: 3.1 any settlement proposal; 3.2 the willingness of a Party to consider any such proposal; 3.3 any statement, admission or concession made by a Party; 3.4 any statement or document made by the Mediator; 3.5 any views expressed, suggestions made or exchanges passing (whether written or oral) between any of the Parties and the Mediator or between the Parties themselves; and 3.6 any document brought into existence for the sole purpose of the Mediation.
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COSTS OF THE MEDIATION. The costs are as set out in Schedule “A”. Unless there is an exception set out below, the parties agree to share the fees and expenses related to the mediation equally, but shall be jointly and severally responsible to Xxxxxx Mediation Incorporated for any unpaid or outstanding fees and expenses. The parties shall each bear their own legal expenses, if any.
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COSTS OF THE MEDIATION. 7.1 The mediator’s fees for the mediation shall be charged at the rate of R4,000 plus VAT per session of 1.5 hours. 7.2 All additional work undertaken by the mediator in connection with the mediation shall be calculated according to an hourly rate of R4000 plus VAT. Without in any way affecting the generality hereof, such work shall include but not be limited to document identification and review, legal research, communication and correspondence and the drafting of documents including the Memorandum of Understanding. 7.3 The mediator’s fees set out in section 7.1 above shall be payable prior to each mediation session. The mediator reserves the right to cancel a mediation session in the event of payment not having been made in this regard. 7.4 Payment for all other work undertaken by the mediator as contemplated in section 7.2 here above shall be due and payable on presentation of a statement of account. 7.5 The parties shall be jointly and severally liable for the payment of the mediator’s fees.
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COSTS OF THE MEDIATION. 7.1 The mediator’s fees for the mediation shall be charged at the rate of [insert amount] per hour. 7.2 All additional work undertaken by the mediator in connection with the mediation shall be calculated according to the hourly rate of [insert amount]. Without in any way affecting the generality hereof, such work shall include but not be limited to document identification and review, legal research, communication and correspondence and the drafting of documents including the Memorandum of Understanding. 7.3 The mediator’s fees set out in section 7.1 here above shall be payable immediately upon completion of each mediation session. The mediator reserves the right to cancel a mediation session in the event of payment not having been made in this regard. 7.4 Payment for all other work undertaken by the mediator as contemplated in section 7.2 here above shall be due and payable on presentation of a statement of account. 7.5 The parties shall be jointly and severally liable for the payment of the mediator’s fees. 7.6 It is recorded that as between the Parties, the responsibility for payment of the mediation fees and expenses shall be borne by [insert name of relevant party].
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COSTS OF THE MEDIATION. The fees for the mediation are:  $1,500 block fee plus HST (minimum) for a 3-hour (half day) mediation, including reasonable preparation time plus reasonable disbursements, if any.  $3,000 block fee plus HST (minimum) for a 6-hour (full day) mediation, including reasonable preparation time, plus reasonable disbursements, if any.  $450 per hour for every hour or part hour over the set 3 or 6 hour mediation time, as the case may be.  $3,750 block fee plus HST (minimum) for mediations outside the National Capital Region of Ottawa, including reasonable preparation time, plus reasonable disbursements, if any. Unless the parties agree otherwise, each party shall pay an equal portion of the total amount owing to the mediator in respect of the mediator’s fees and disbursements. If the parties are represented by counsel, the mediator will submit his account to counsel for the parties, who shall make that party’s proportionate payment to the mediator.
Sample 1
COSTS OF THE MEDIATION. 1.1 The Mediator’s hourly charge rate is £350, plus VAT (if applicable). However, where the Mediator is appointed for at least a full day of seven hours, the Mediator’s rate will be discounted by £250, giving a daily charge rate of £2,200, plus VAT (if applicable). 1.2 Both parties to bear the costs equally of any outgoings incurred during the mediation, including the venue hire and refreshments.
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COSTS OF THE MEDIATION. The mediator’s fee for preparing for the mediation and attending a day of mediation or any part thereof (unless a half day mediation has been agreed) will be $4,000 plus GST and disbursements. The fee for a half day mediation is $2,000 plus GST and disbursements. Disbursements may consist of catering costs for a full day mediation, and accommodation if the mediation lasts for more than one day outside of Auckland.
Sample 1
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Related to COSTS OF THE MEDIATION

  • 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.

  • 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.

  • 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.

  • Optional Mediation The Parties may mutually agree to non-binding mediation: (a) If the grievance is not resolved at Step 3, either Party may request that a Mediator be appointed to meet with the Parties, investigate and define the issues in dispute and facilitate a resolution. (b) The Mediator shall be appointed by mutual agreement between the Parties. (c) The purpose of the Mediator's involvement in the grievance process is to assist the Parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged and will not be used for any other purpose. (d) The expenses of the Mediator shall be equally borne by both Parties. (e) The grievance may be resolved by mutual agreement between the Parties.

  • Assistance in Proceedings Seller will cooperate with Buyer and its counsel in the contest or defense of, and make available its personnel and provide any testimony and access to its books and Records in connection with, any Proceeding involving or relating to (a) any Contemplated Transaction or (b) any action, activity, circumstance, condition, conduct, event, fact, failure to act, incident, occurrence, plan, practice, situation, status or transaction on or before the Closing Date involving Seller or the Business.

  • Mediation In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

  • 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.

  • Assistance in Litigation Employee shall upon reasonable notice, furnish such information and proper assistance to the Company as it may reasonably require in connection with any litigation in which it is, or may become, a party either during or after employment.

  • Grievance Mediation Nothing in this Article precludes the Parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The agreement shall be made in writing and stipulate the name of the person and the time line for grievance mediation to occur.

  • 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.

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