Common use of DISPUTES AND MEDIATION Clause in Contracts

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 both Parties a reasonable opportunity to be heard and to state their respective cases and to advance arguments or evidence in support of their respective positions; and each Party shall bear the costs and expenses of all counsel and other advisers, witnesses and employees retained by it and the costs and expenses of the Expert shall be borne by the Parties in the proportions the Expert may direct or, in the absence of direction, equally. Nothing in this Agreement shall prevent a Party at any time from: seeking (including obtaining or implementing) interlocutory, including interim or other immediate or equivalent relief, from the Irish Courts; or referring the dispute to ComReg in accordance with Regulation 31 and/or Regulation 32 of the Framework Regulations, as appropriate in accordance with any right (if any) either Party may have to request a determination or other appropriate steps for its resolution. The provision of the Services shall not be delayed or suspended pending the resolution of any dispute other than a dispute in relation to payment of Tariffs.