Common use of Disputes and problem resolution Clause in Contracts

Disputes and problem resolution. The parties accept that differences are a natural occurrence and that a constructive approach to seeking solutions will be taken at all times. The object of this clause is to encourage the National BAG to work cooperatively to resolve any differences and share in the responsibility for quality outcomes. When a consensus decision on interpretation of an agreement has been reached at the National BAG the decision will be formally captured and signed by the parties and will be binding on all parties from that time. Any matter that cannot be resolved will be referred by the BAG to a mutually agreed third party who will help facilitate an agreement between the parties. Failing identification of a mutually acceptable third party, the matter shall be referred to the Mediation Service of MBIE (or its successors) to appoint someone. In the event that the parties cannot reach an agreed solution and unless the parties agree otherwise, after no less than two facilitation meetings, the third party will, after considering relevant evidence and submissions provide a written but non-binding recommendation to the parties. Nothing in this agreement shall have the effect of restricting either party’s right to access statutory resolution processes and forums such the Employment Relations Authority or the Employment Court or seek other lawful remedies.

Disputes and problem resolution. The parties accept that differences are a natural occurrence and that a constructive approach to seeking solutions will be taken at all times. The object of this clause is to encourage the National BAG to work cooperatively to resolve any differences and share in the responsibility for quality outcomes. When a consensus decision on interpretation of an agreement has been reached at the National BAG the decision will be formally captured and signed by the parties and will be binding on all parties from that time. Any matter that cannot be resolved will be referred by the BAG to a mutually agreed third party who will help facilitate an agreement between the parties. Failing identification of a mutually acceptable third party, the matter shall be referred to the Mediation Service of MBIE the Department of Labour (or its successors) to appoint someone. In the event that the parties cannot reach an agreed solution and unless the parties agree otherwise, after no less than two facilitation meetings, the third party will, after considering relevant evidence and submissions provide a written but non-binding recommendation to the parties. Nothing in this agreement shall have the effect of restricting either party’s right to access statutory resolution processes and forums such the Employment Relations Authority or the Employment Court or seek other lawful remedies.