Dispute Resolution Agreement Sample Clauses
Dispute Resolution Agreement. OWNER and DESIGN/BUILDER agree that they will first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by a mutually agreeable, impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to its Construction Industry Mediation Rules, prior to either of them initiating against the other a demand for arbitration pursuant to paragraph 15.01.B through 15.01.E, unless delay in initiating arbitration would irrevocably prejudice one of the parties. Any time limits within which to file a demand for arbitration shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until 10 days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed.
Dispute Resolution Agreement. 15.1 Any dispute between the parties arising from or in connection with the contract shall be finally resolved by way of a dispute resolution procedure administered by the Arbitration Foundation of Southern Africa (AFSA) in accordance with its Expedited Rules and the directions of its Secretariat, which shall be binding on the parties. (AFSA can be contacted at xxx.xxxxxxxxxxx.xx.xx, Telephone No. 000 000 0000 and Fax No. 000 000 0000 ; email: xxxxxx@ arbitration. co. za.)
15.2 The parties may agree, or the AFSA Secretariat may direct, that the dispute first be submitted to mediation in accordance with the AFSA Mediation Rules. In which case, if the dispute is not resolved within 20 business days thereafter, it shall proceed to arbitration, unless both parties agree to extend the mediation period and the AFSA Secretariat approves such extension. Where there is no agreement to mediate, and/or the AFSA Secretariat does not so direct, then the dispute shall be submitted directly to arbitration.
15.3 Where both parties are in agreement therewith, they may employ legal representatives to appear for them at any arbitration hearing. Where there is no such agreement, then legal representatives shall not be present at the hearing, unless the arbitrator otherwise directs in the special circumstances of the case.
15.4 Unless the parties otherwise expressly agree in writing, any dispute shall be resolved in accordance with the law of the Republic of South Africa and the seat of the arbitration will be in South Africa.
15.5 Any matter pertaining to the mediation, if applicable, or to the arbitration of any dispute herein, if not provided for by this agreement or by the AFSA Rules, shall be referred to the AFSA Secretariat, which shall issue appropriate directions which are binding on the parties.
Dispute Resolution Agreement. 7.1 In the event of any dispute, claim or controversy between the Bank and Employee, both parties agree to initially submit such dispute, claim or controversy to non-binding mediation, by a mediator mutually agreed upon by the Bank and Employee. The disputes, claims and controversies to be submitted to mediation include, but are not limited to, claims arising from the California Constitution; Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e); the California Fair Employment and Housing Act (Cal.Govt. Code §12900 et seq.); the Americans with Disabilities Act; the Age Discrimination in Employment Act (29 U.S.C. §§ 621-633a); the Older Workers’ Benefit Protection Act; and claims of intentional infliction of emotional distress; breach of contract including but not limited to this Agreement; breach of implied contract; or any other statute or common law principle of similar effect.
7.2 Either party may commence the non-binding mediation process called for in this Dispute Resolution Agreement by providing written notice upon the other party as set forth in paragraph 8.10 of this Agreement. The parties will then agree to submit the claim to a mediator mutually agreed upon by the Bank and Employee. The parties will cooperate with one another and with the non-binding mediator, in selecting a mediator, and in scheduling the mediation.
7.3 The Bank shall pay all of the fees and costs of the non-binding mediation and will pay for its own attorney’s fees and will not request any fees or costs from the Employee. Should the Employee retain legal counsel, the cost of such legal counsel shall be the sole responsibility of the Employee.
7.4 If the parties fail to resolve their dispute, claim or controversy in non-binding mediation as set forth in paragraphs 7.1-7.3, above, then the Bank and Employee agree to submit such dispute, claim or controversy to final and binding arbitration, by an arbitrator or association mutually agreed upon by the Bank and Employee. The disputes, claims and controversies to be submitted to arbitration include, but are not limited to, claims arising from the California Constitution; Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e); the California Fair Employment and Housing Act (Cal.Govt. Code §12900 et seq.); the Americans with Disabilities Act; the Age Discrimination in Employment Act (29 U.S.C. §§ 621-633a); the Older Workers’ Benefit Protection Act; and claims of intentional infliction of emotional distress; breach of con...
Dispute Resolution Agreement. A. OWNER and DESIGN/BUILDER agree that they will first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof (“disputes”), to mediation by a mutually agreeable, impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association (“AAA”) pursuant to its Construction Industry Mediation Rules, prior to either of them initiating against the other a demand for arbitration pursuant to paragraph 15.01.B through 15.01.E, unless delay in initiating arbitration would irrevocably prejudice one of the parties. Any time limits within which to file a demand for arbitration shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until 10 days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed.
B. All claims, disputes and other matters in question between OWNER and DESIGN/BUILDER arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 13.09) will be decided by binding arbitration in accordance with the Construction Industry Arbitration Rules of the AAA then in effect, subject to the limitations of this paragraph 15.01. The arbitrator shall have the discretion to award reasonable attorneys’ fees and costs to the prevailing party. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this paragraph 15.01 will be specifically enforceable under the prevailing law of any court having jurisdiction.
Dispute Resolution Agreement. It is projected that the DRA will reduces the time it takes to resolve medical disputes from 200 to 75 days. The Fire Department, Local 1014 and CEO staff believes that developing a expedited dispute resolution process will improve the delivery of workers’ compensation medical care and allow the full implementation of an ERTW process. An ERTW process is based upon the premise that organizational effectiveness is improved by transitioning absent unproductive employees to present productive employees. A well managed focus on expanding the number of safe and productive temporary limited duty assignments will ultimately benefit the department by providing scarce resources to meet established mandates and reduce time-loss benefit expenses (Attachment A). It will also assist injured employees to regain functionality, maintain productivity, and improve their quality of life. The DRA as well as the ERTW process applies to all employees represented by Los Angeles County Firefighters Local 1014. In an effort to better serve and educate you on these programs additional information can be found at xxx.xxxxx0000.xxx.
Dispute Resolution Agreement. The Parties acknowledge that the Dispute Resolution Agreement shall remain in full force and effect and shall apply to any disputes arising under this Agreement or any remaining obligations under the Related Agreements.
Dispute Resolution Agreement. 1.1 Should any dispute arise from or in connection with the Contract, including any dispute regarding the validity, enforceability or interpretation of the Contract, the parties shall (must) try to resolve the dispute by negotiation. This entails that one party inviting the other in writing to a meeting aimed at resolving the dispute with in 10 (ten) days from the date of the written invitation, or such further period agreed to in writing between the parties.
1.2 If the dispute has not been resolved by such negotiation, the parties shall (must) submit the dispute to the Arbitration Foundation of Southern Africa (“AFSA”) for administered mediation in accordance with its Mediation Rules by a mediator appointed by agreement between the parties from AFSA’s panel of commercial mediators.
1.3 If the parties are unable to agree on the appointment of a mediator from AFSA’s panel of commercial mediators within 10 (ten) days from the expiry of the ten-day period provided for in subclause 1.1 above, the AFSA Secretariat shall (must) appoint a mediator from its panel of commercial mediators to conduct the mediation in accordance with its Mediation Rules.
Dispute Resolution Agreement. (i) delivery of counterparts of this Agreement duly executed by the parties hereto; and
(ii) COBNA has been merged with and into CONA.
Dispute Resolution Agreement. You agree to arbitrate all disputes and claims between you and 814 CRE LLC that arise out of or relate in any way to the Programs or these Terms. This agreement to arbitrate (“Dispute Resolution Agreement”) is intended to be broadly interpreted and includes (without limitation), for example:
Dispute Resolution Agreement. In order to achieve a quick and final resolution of disputes, You and SPW agree that any dispute or claim of any kind or amount arising out of the sale of windows, doors, and related or associated products (“Products”), this Limited Warranty, or otherwise relating to SPW (a “Dispute”), shall be resolved as set forth in this Section IV, hereinafter this “Dispute Resolution Agreement”: