Common use of DISPUTES AND MEDIATION Clause in Contracts

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. (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 Deed (Dispute) unless it has first complied with this clause. (b) A Party claiming that a Dispute regarding this Agreement Deed 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.twenty

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 cannot resolved resolve the Dispute within a period of twenty ten (2010) Business Days after receipt of the Notice of Disputecommencing negotiations, 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 Disputeconcluding negotiations under subclause 17(d), the Parties to the Dispute cannot agree on a particular mediator to be appointedappointed within ten (10) Business Days, the Parties must may request the Chairman of the Institute of Arbitrators and Mediators Australia (WA Chapter) to appoint a mediatorMediator. (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 ten (2010) Business Days of participating in the first mediation with the mediatorDays, 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 or by the Parties by arbitration under the Commercial Arbitration Xxx 0000 (WA)arbitration. (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. (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 Deed (Dispute) unless it has first complied with this clause. (b) A Party claiming that a Dispute regarding this Agreement Deed 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 Before resorting to negotiate external dispute resolution mechanisms including court proceedings, the Parties will in good faith and reasonably with a view attempt to resolving settle by negotiation any dispute in relation to this Deed by referral to the: (i) Implementation Committee in the Disputefirst instance, following receipt of the notice of the dispute; and (ii) Government Partnership Committee if the dispute is not resolved by the Implementation Committee. (d) Where practical, each Party will refer the matter to personnel who have authority to intervene and facilitate some form of agreed resolution. (e) If the Parties have Dispute is not resolved following the Dispute within a period of twenty (20referrals in clause 17(c) Business Days after receipt of above, the Notice of Dispute, they Parties must refer the Dispute to a mediator to be agreed between the Parties. (ef) If, twenty (20) Business Days after receipt of the Notice of Dispute, If 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. (fg) Unless otherwise agreed between the Parties, each Party shall jointly bear the costs of any mediation in equal proportion. (gh) 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). (hi) 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. (ij) All communications between the Parties made pursuant to this clause are without prejudice to any subsequent action in a court of competent jurisdiction.