DISPUTES AND MEDIATION. The Parties agree that any dispute which arises concerning the interpretation of this Agreement and/or the performance of the Services and which has not been resolved by the Authorised Representatives, shall be referred to: in the case of the Service Provider, the Executive Director for the time being; and in the case of the Client, the for the time being; and such persons shall use all reasonable commercial efforts to resolve any such dispute within fourteen (14) calendar days. If the dispute is not resolved by the relevant Parties within the time period referred to above then save in respect of a dispute referable to the Expert under Clause 21.4, the Parties may by agreement in writing attempt to settle all other disputes by mediation in accordance with the rules of the International Centre for Dispute Resolution (ICDR). To initiate the mediation a Party must give notice in writing to the other Party to the dispute requesting mediation and a copy of the request must be sent to ICDR. The mediation will start not later than 21 calendar days after the date of such notice. The commencement of mediation will not prevent the Parties commencing or continuing court proceedings. Unless otherwise agreed between the Parties: the mediator will be nominated by ICDR; the costs of the mediator shall be borne and discharged equally as between the Parties; and the mediation shall be conducted in Dublin, Ireland, at a venue agreed upon by the Parties and the mediator or, failing such agreement, at a venue selected by the mediator in his/her discretion. If a dispute or difference arises between the Parties that is technical in nature the Parties may refer such dispute, by agreement in writing between the Parties, for final determination to an Expert (as hereinafter defined). The expert for the purposes of this Clause 21 shall be an independent party who has expertise in the area giving rise to the dispute (the “Expert”) appointed by agreement by the Parties or, in default of agreement on such appointment, on the application of either Party, by the President for the time being of the Institute of Engineers of Ireland or his duly appointed deputy, who shall carry out his functions in accordance with the following: in making a determination, the Expert shall act as an expert and not as an arbitrator and his decision shall (in the absence of manifest error (and the Expert shall give reasons for his determination)) be final and binding on the Parties; the Expert shall afford ...
DISPUTES AND MEDIATION. (a) A Party must not start arbitration or final court proceedings in respect of a dispute arising out of or in connection with this Agreement (Dispute) unless it has first complied with this clause.
(b) A Party claiming that a Dispute regarding this Agreement has arisen must give written notice to the other Party within ten (10) Business Days of the Dispute first arising, giving details of the Dispute (Notice of Dispute).
(c) Each Party must thereafter make all reasonable efforts to negotiate in good faith and reasonably with a view to resolving the Dispute.
(d) If the Parties have not resolved the Dispute within a period of twenty (20) Business Days after receipt of the Notice of Dispute, they must refer the Dispute to a mediator to be agreed between the Parties.
(e) If, twenty (20) Business Days after receipt of the Notice of Dispute, the Parties cannot agree on a particular mediator to be appointed, the Parties must request the Chairman of the Institute of Arbitrators and Mediators Australia (WA Chapter) to appoint a mediator.
(f) Unless otherwise agreed between the Parties, each Party shall jointly bear the costs of any mediation in equal proportion.
(g) If the Parties are not able to resolve the Dispute through mediation within twenty (20) Business Days of participating in the first mediation with the mediator, or such other period of time as agreed by the Parties, then either Party is thereafter entitled to commence action to resolve the dispute in a court of competent jurisdiction or, if agreed to by the Parties by arbitration under the Commercial Arbitration Xxx 0000 (WA).
(h) Any information or documents disclosed by a Party under this clause must be kept confidential and may only be used to attempt to resolve the Dispute, under this clause or otherwise.
(i) All communications between the Parties made pursuant to this clause are without prejudice to any subsequent action in a court of competent jurisdiction.
DISPUTES AND MEDIATION. 33.1 A dispute relating to the provision of the Services, the Contract Price, or payments which cannot be resolved in the first instance between the Service Provider’s Representative and the Council’s Contact within a month shall be referred to the persons specified in the Particulars.
33.2 Nothing in this Condition 33 shall prejudice the right of either party to apply to the court for interim relief to prevent the violation by the other party of any proprietary interest or any breach of that party’s obligations.
33.3 Services to be provided under the Contract shall not cease or be delayed by this dispute resolution procedure.
33.4 If any dispute cannot be resolved between the Service Provider and the Council within a month of referral as set out in Condition 33.1, then the Service Provider or the Council may refer the matter to mediation in accordance with the Centre for Effective Dispute Resolution’s (“CEDR”) Model Mediation Procedure.
33.5 To initiate the mediation, either party may give notice in writing to the other requesting mediation in accordance with this Condition 33. The initiating party shall send a copy of such request to CEDR.
33.6 If there is any issue on the conduct of the mediation (including as to the nomination of the mediator) upon which the parties cannot agree within a reasonable time, CEDR will, at the request of either party, decide the issue.
33.7 If the dispute is not resolved within 90 days of the initiation of the mediation, or if either party will not participate in the mediation either party may commence proceedings.
33.8 For the avoidance of doubt, the use of the disputes procedure will not delay, or take precedence over, any use of the default or termination procedures.
DISPUTES AND MEDIATION. 14.1 The grievance procedure set out in this rule applies to disputes under these rules between:
a) a Board member and another member;
b) a Board member and the principal of the school;
DISPUTES AND MEDIATION. 11.1 The parties shall meet and discuss in good faith any dispute between them arising out of this Agreement.
11.2 If the discussions referred to in clause 11.1 fail to resolve the relevant dispute, either party may (by written notice to the other party) require that the dispute be submitted for mediation by a single mediator appointed by the Council and such appointee shall conduct the mediation at his/her discretion, including the determination of procedural rules and timetable.
11.3 Neither party may issue any legal proceedings (other than for urgent interlocutory relief), in respect of any such dispute, unless that party has first taken reasonable steps to comply with clauses 11.1 and 11.2.
DISPUTES AND MEDIATION. 14.1 The Council and The Maltings will use their best endeavours to resolve disputes
14.2 Either Party may invoke the following procedure to resolve disputes:
(a) request a meeting between Authorized Representatives within 10 working days or such other period as may be agreed between the Parties
(b) a further meeting involving the Council and The Maltings may be requested within 14 working days should any dispute remain unresolved
14.3 Use of the disputes procedure will not delay or take precedence over any use of the default or termination procedures
14.4 If the Parties are unable to settle the dispute by in accordance with the procedures in
DISPUTES AND MEDIATION. If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. If mediation fails, the parties agree that all actions and proceedings arising out of this Finder's Sales Cover Agreement or any of the transactions contemplated hereby shall be brought in the United States District Court in New York, and that, in connection with any such action or proceeding, submit to the jurisdiction of, and venue in, such court.
DISPUTES AND MEDIATION. 20.1 Before resorting to litigation, the Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with this Contract.
20.2 If the Parties are unable to resolve the dispute, either party may, at any time, refer the dispute to mediation by a neutral advisor or mediator, (“the Mediator”), or, if required to the accreditation body ultimately responsible for the accreditation of the services.
20.3 If the Parties are unable to agree on a Mediator within 7 days of the request by one party to refer the dispute to mediation, they shall apply to the Centre for Dispute Resolution (“CEDR”) to appoint a Mediator.
20.4 The Parties shall seek to agree directions for how the mediation is conducted and, failing agreement, they shall seek directions from the Mediator.
20.5 If the Parties reach agreement on the resolution of their dispute the agreement shall be reduced to writing and shall be binding.
DISPUTES AND MEDIATION. 9.1. The Parties declare their intention that any difference or dispute that may at any time arise with respect to the meaning or effect of the provisions of this agreement, or the rights and obligations of the Parties thereunder, shall, if possible, be resolved directly and amicably between the Parties concerned, with the assistance, if necessary, of their Chief Executive Officers/senior management or their duly designated representatives.
9.2. If such high-level intervention fails to result in a settlement of the matter in issue, then either Party shall be entitled to request mediation of the issue by some mutually acceptable independent third party, in which event, with the agreement of both Parties, such mediator shall attempt to facilitate a mutually acceptable resolution of the issue, without recourse to litigation or arbitration, as the case may be.
9.3. If neither the intervention of the Parties’ Chief Executive Officers/senior management as contemplated by clause 9.1 nor the mediation of an independent third party, as contemplated by clause 9.2, shall achieve a settlement of the matter in issue, then the matter shall be determined by a competent Court having jurisdiction in respect of both the Parties and the matter in issue, unless the Parties mutually agree in writing that it should be determined by Arbitration in accordance with clause 10.
DISPUTES AND MEDIATION. 35.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract.
35.2 If the Parties are unable to resolve the dispute, either Party may, at any time, refer the dispute to mediation by a neutral advisor or mediator (“the Mediator”).
35.3 If the Parties are unable to agree on a Mediator within 7 days of the request by one Party to refer the dispute to mediation, they shall apply to the Centre for Dispute Resolution (“CEDR”) to appoint a Mediator.
35.4 The Parties shall seek to agree directions for how the mediation is conducted and, failing agreement, they shall seek directions from the Mediator.
35.5 If the Parties reach agreement on the resolution of their dispute the agreement shall be reduced to writing and shall be binding.
