Dispute Resolution and Mediation. The Parties shall attempt to resolve any dispute or impasse in decision-making arising under or relating to this Agreement by informal discussions among representatives appointed by PHSKC, the HCHN, and the Council. Any dispute or impasse not resolved within a reasonable time following such discussions may be resolved by mediation by a mutually-agreed upon resource.
Dispute Resolution and Mediation. The Parties shall first attempt to resolve any dispute or impasse in decision-making arising under or relating to this Agreement by informal discussions between the Project Director of the Health Center and the Chair of the CAB. Any dispute or impasse not resolved within a reasonable time following such discussions (not to exceed thirty (30) days) shall be resolved by mediation by the County Administrative Officer. If the Parties are unable to resolve the dispute through mediation, either Party may pursue any remedy available at law.
Dispute Resolution and Mediation. 17.1 With respect to any and all claims, disputes or controversies arising out of the performance of or in connection with this Agreement, the parties agree to attempt in good faith to resolve those claims, disputes or controversies by negotiations between the parties. In the event either party believes the negotiation discussions are likely not to result in settlement, the parties must, in good faith, participate in mediation sessions with a professional mediator to be mutually selected by the parties and the expense of which is to be paid fifty percent (50%) by each party. In the event, after one or more mediation sessions, either party believes the mediation process is not likely to resolve the dispute by mutual agreement, such party may seek any legal or equitable remedy available through a court of competent jurisdiction.
17.2 Nothing in this Section shall be construed to waive any rights of timely performance of any obligation existing under this Agreement.
Dispute Resolution and Mediation. For all disputes relating to this Agreement except those relating to Paragraph 20, Covenants Not to Compete, prior to instituting litigatxxx xx xxxxxxxxxx xxxx this Agreement in any forum, including but not limited to, state, federal, or regulatory proceedings, each party agrees to the following procedures:
(a) The aggrieved party shall give detailed written notice to the other party of its specific complaint, including the amount of actual damages and expenses, including attorney's fees, claimed by the aggrieved party. The aggrieved party shall include copies of all documents that support its claims. Within thirty (30) days after receipt of the notice, the party receiving the notice shall tender to the aggrieved party a written offer of settlement. Any offer of settlement not accepted within thirty (30) days of receipt by the aggrieved party shall be deemed to have been rejected.
(b) In the event of litigation, a settlement offer made pursuant to Paragraph 35(a) above, if rejected by the aggrieved party, may be filed with the court together with an affidavit certifying its rejection. If the court finds that the amount tendered in the settlement offer is greater than or equal to the actual damages found by the trier of fact, the aggrieved party shall incur the costs of its own attorney's fees and shall reimburse the other party for its reasonable attorneys' fees incurred. If recovery is more that the amount tendered in the settlement offer, then the accused party will reimburse the aggrieved party for its reasonable attorneys' fees.
(c) The tender of an offer of settlement is not an admission of engaging in an unlawful act or practice or of liability. Evidence of a settlement offer may be used only for the purposes specified in Paragraph 35(b) above, and is not to be revealed to the trier of fact as part of its determination of damages or liability.
(d) If the parties are unable to settle their disputes through the above procedure, the parties agree to submit their dispute to mediation as described in this paragraph within 90 days after rejection of the settlement offer. Compliance with these procedures on dispute resolution and mediation shall be a condition precedent to instituting any judicial, quasi-judicial and/or regulatory proceeding.
(i) Mediation is a process under which an impartial mediator facilitates communication between the parties to promote settlement between them. The mediator does not have the authority to decide any issue for the partie...
Dispute Resolution and Mediation. 13.1 With respect to any and all claims, disputes or controversies arising out of the performance of or in connection with this Agreement, the parties agree to attempt in good faith to resolve those claims, disputes or controversies by negotiations between the parties. In the event either party believes the negotiation discussions are likely not to result in settlement, the parties must, in good faith, participate in mediation sessions with a professional mediator to be mutually selected by the parties and the expense of which is to be paid fifty percent (50%) by each party. Xxxxxx Xxxxx shall be notified and authorized to participate in any mediation. In the event, after one or more mediation sessions, either party believes the mediation process is not likely to resolve the dispute by mutual agreement, such party may seek any legal or equitable remedy available through a court of competent jurisdiction.
13.2 Nothing in this Section shall be construed to waive any rights of timely performance of any obligation existing under this Agreement.
Dispute Resolution and Mediation. The Parties shall attempt to resolve any dispute or impasse in decision-making arising under or relating to this Agreement by informal discussions among representatives appointed by the BOT, AHS, and the CAB. The Parties further agree to consult with HRSA to attempt to resolve disputes. Any dispute or impasse not resolved within a reasonable time following such discussions (not to exceed thirty (30) days) may be resolved by mediation by a mutually-agreed upon resource. The costs of mediation shall be borne equally by AHS and the CAB.
Dispute Resolution and Mediation. 1.23.1.1 The party claiming that a dispute has arisen must notify the other party to the dispute giving details of the dispute.
1.23.1.2 During the ten (10) working day period or other such time period as agreed between the parties ('negotiation period') after a notice is given the parties must use their best efforts to resolve the dispute. In the event that the parties are unable to resolve the dispute within the negotiation period, the dispute shall be dealt with in the following manner:
1.23.1.3 The parties may agree to either:
I. refer the dispute to the Australian Commercial Disputes Centre for mediation or any other agreed venue which conducts mediation; or
II. terminate this Agreement in accordance with clause 1.24.
1.23.1.4 If the parties refer the dispute for mediation, then:
I. the parties will by agreement appoint a mediator to mediate the dispute in this forum. If the parties cannot agree to a mediator, then the mediator will be nominated by the then current President of the Law Institute of Victoria;
II. any documents produced for the mediation are to be kept confidential and cannot be used except for the purpose of settling the dispute;
III. each party must bear its own costs of resolving a dispute under this clause, and unless the parties otherwise agree, the parties to the dispute must bear equally the costs of the mediator; and
IV. in the event that the dispute is not settled at mediation within 28 days (or such other period as the parties agree in writing) after the appointment of the mediator, or if no mediator is appointed, then within 28 days of the referral of the dispute to mediation, then the parties are free to pursue any other procedures available at law for the resolution of the dispute.
Dispute Resolution and Mediation. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof (each, a “Dispute”) that is not resolved by the CVA Governance Committee through good faith negotiations shall be referred to NBVME and the Board of Directors of NBME. If the Parents cannot resolve the Dispute within thirty (30) days following such referral, either Parent may, by written notice to the other, require that the Dispute be submitted to non-binding mediation administered by JAMS, or its successor. The presiding mediator (an “ADR Individual”) shall have experience with disputes involving the subject matter of this Agreement. If the Parents do not unanimously agree on the ADR Individual, then each Parent shall choose an independent person with a background in alternative dispute resolution, and the two (2) people so chosen shall choose the applicable ADR Individual hereunder. The mediation shall be conducted in the English language and all mediation sessions shall take place in a location mutually agreed upon by the Parents. The Parents shall each be responsible for one-half of any fees or other amounts payable to JAMS or the mediator, and each Parent shall bear its own attorneys’ fees and other expenses in connection with the mediation; provided, however, that in any mediation, the ADR Individual shall have the right to award fees and expenses to a Parent if the ADR Individual determines that the other Parent did not participate in good faith. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by either of the Parents or any of their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the Parents, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non- discoverable as a result of its use in the mediation. If efforts at mediation are unsuccessful in resolving the Dispute within sixty (60) days after the first mediation session, either Parent may pursue any and all legal or equitable remedies available to it, subject to the remaining provisions of this Agreement. The Parents agree that the procedures set forth in this paragraph shall be the sole and exclusive means of resolving any and all Disputes. Notwithstanding the foregoing and subject to th...
Dispute Resolution and Mediation. (a) In the event a dispute arises under this Agreement which cannot be resolved by the Operating Committee, the dispute shall be brought to the attention of the presidents of Cypress and Customer for a prompt meeting to resolve the dispute. If this meeting fails to resolve the dispute, the Parties shall refer the dispute to a mediator selected by the Parties, except for claims for injunctive or other equitable relief, which may be brought in any court of competent jurisdiction. The Parties shall select a Mediator to mediate such disputes which may arise under this Agreement within 30 days of the Effective Date hereof. In the event of a referral of a dispute to the Mediator, each Party shall submit, in writing, its position on such dispute to the Mediator and conduct a one day mediation session. If the matter is not resolved or if an alternative method of dispute resolution is not agreed upon within thirty (30) days after the one day mediation, either Party may begin litigation proceedings. This procedure shall be a prerequisite before either Party may take any additional action hereunder (except as set forth above).
(b) In the event that Cypress reasonably suspects that a violation of Section 10.1 has occurred, Cypress may immediately petition the Mediator, in writing, for Customer Personnel to be removed from Cypress’ premises, who is empowered, under this Agreement, to order the removal of Customer Personnel from Cypress’ premises if Cypress proves that Customer has materially breached such Section of this Agreement.
Dispute Resolution and Mediation. 12.1. Save as otherwise contained herein, should any dispute arise between the Parties in connection with this Agreement, the senior representatives of the Parties shall attempt on the basis of good faith to settle such dispute by way of negotiation.
12.2. If either Party provides written notification to the other that such attempt has failed then each Party shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) Business Days of such dispute being referred.
12.3. If agreement is not reached as to the appointment of such mediator within 10 (ten) Business Days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 20 (twenty) Business Days after such appointment then any Party may give written notice to the other Parties referring the dispute to arbitration in accordance with the provisions of this clause 12 (“Arbitration Notice”).
12.4. The arbitration shall be:
12.4.1. held in Durban;
12.4.2. conducted in the English language;
12.4.3. held before a single arbitrator;
12.4.4. subject to the provisions of this clause 12, conducted in accordance with the Arbitration Foundation of Southern Africa (AFSA) Rules; and
12.4.5. held as soon as is reasonably practicable in the circumstances and with a view to it being completed within 30 (thirty) Business Days of the date of the Arbitration Notice.
12.5. The arbitrator shall be if the question in issue is:
12.5.1. primarily an accounting matter an independent accountant advocate with no less than 10 (ten) years' experience agreed upon between the Parties;
12.5.2. primarily a legal matter, an independent practising senior advocate with no less than ten years' standing agreed upon between the Parties; and
12.5.3. any other matter a suitably qualified independent person agreed upon between the Parties.
12.6. If the Parties cannot agree upon a particular arbitrator under the provisions of clause 12.3 above within 7 (seven) Business Days after the arbitration has been demanded, the nomination shall be made by the President for the time being of the South African Institute of Chartered Accountants within 5 (five) Business Days after the Parties have so failed to agree.
12.7. The arbitrator shall determine which Party shall pay the costs of and incidental to the arbitration or, if more than 1 (one) Party is to contribute, the ratio of their resp...
