Common use of Dispute Resolution and Mediation Clause in Contracts

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 parties, but will attempt to facilitate the voluntary resolution of the dispute by the parties. The mediator is authorized to conduct joint and separate meetings with the parties and to offer suggestions to assist the parties to achieve settlement. (ii) The parties shall agree to selection of an impartial mediator. A person shall not serve as a mediator in any dispute in which he has any financial or personal interest. Prior to accepting an appointment, the mediator shall disclose any circumstance likely to create a presumption or appearance of bias or prevent a prompt meeting with the parties. The aggrieved party shall have the right to name a mediator, subject to disagreement from the other party based on the mediator's interest in a dispute, affiliation or connection to the aggrieved party or other circumstance likely to create a presumption or appearance of bias. The parties shall each bear half the cost of the mediation. (iii) The parties, while not committing in advance to settle their case, agree to participate in mediation in good faith with the intention to settle, if at all possible.

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 If a dispute arises out of or relates to the SaaS Agreement or these Terms of Use (Dispute), neither party shall may commence any legal proceedings in relation to the Dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). (b) A party to the SaaS Agreement claiming that a dispute has arisen must give detailed written notice to the other party of its specific complaint, including detailing 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 nature of the noticeDispute, the party receiving desired outcome, and the notice shall tender action required to resolve the aggrieved party a written offer of settlement. Any offer of settlement not accepted within thirty Dispute (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' feesDispute Notice). (c) The tender On receipt of an offer the Dispute Notice by the other party, the parties must within seven days of settlement is not an admission of engaging the Dispute Notice endeavour in an unlawful act good faith to resolve the Dispute expeditiously by negotiation or practice or of liability. Evidence of a settlement offer such other means upon which they 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 liabilitymutually agree. (d) If for any reason whatsoever, the parties are unable to settle their disputes through Dispute has not been resolved within 21 days after the above proceduredate of the Dispute Notice, the parties must participate in a mediation. If the parties agree upon the selection of a mediator, the parties will appoint that person as mediator to submit their dispute to mediation as described in this paragraph within 90 days conduct the mediation. If, after rejection 14 days, the parties cannot agree upon the selection of a mediator, the parties will request that an appropriate mediator be nominated by the President of the settlement offerLaw Society of New South Wales, and the parties will appoint the nominated person as mediator to conduct the mediation. (e) It is agreed that the mediation will be held in New South Wales, Australia. (f) The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. Compliance The parties must each pay their own costs associated with these procedures on the mediation. (g) All communications concerning negotiations between the parties arising out of and in connection with this dispute resolution clause 16 are “without prejudice” and confidential, and to the fullest extent possible, must be treated as "without prejudice" communications. (h) If thirty (30) days have elapsed after the start of a mediation shall be a condition precedent of the Dispute and the Dispute has not been resolved, either party may ask the mediator to instituting any judicial, quasi-judicial and/or regulatory proceedingterminate the mediation and the mediator must do so. (i) Mediation In the event that the Dispute is a process under which an impartial mediator facilitates communication between not resolved at the parties to promote settlement between them. The mediator does not have the authority to decide any issue for the parties, but will attempt to facilitate the voluntary resolution of the dispute by the parties. The mediator is authorized to conduct joint and separate meetings with the parties and to offer suggestions to assist the parties to achieve settlement. (ii) The parties shall agree to selection of an impartial mediator. A person shall not serve as a mediator in any dispute in which he has any financial or personal interest. Prior to accepting an appointment, the mediator shall disclose any circumstance likely to create a presumption or appearance of bias or prevent a prompt meeting with the parties. The aggrieved party shall have the right to name a mediator, subject to disagreement from the other party based on the mediator's interest in a dispute, affiliation or connection to the aggrieved party or other circumstance likely to create a presumption or appearance of bias. The parties shall each bear half the cost conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute. (iii) The parties, while not committing in advance to settle their case, agree to participate in mediation in good faith with the intention to settle, if at all possible.

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 litigatixx xx xxxxxxxxxx xxxx this xhis 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 parties, but will attempt to facilitate the voluntary resolution of the dispute by the parties. The mediator is authorized to conduct joint and separate meetings with the parties and to offer suggestions to assist the parties to achieve settlement. (ii) The parties shall agree to selection of an impartial mediator. A person shall not serve as a mediator in any dispute in which he has any financial or personal interest. Prior to accepting an appointment, the mediator shall disclose any circumstance likely to create a presumption or appearance of bias or prevent a prompt meeting with the parties. The aggrieved party shall have the right to name a mediator, subject to disagreement from the other party based on the mediator's interest in a dispute, affiliation or connection to the aggrieved party or other circumstance likely to create a presumption or appearance of bias. The parties shall each bear half the cost of the mediation. (iii) The parties, while not committing in advance to settle their case, agree to participate in mediation in good faith with the intention to settle, if at all possible.