Escalation; Mediation Sample Clauses
The 'Escalation; Mediation' clause establishes a structured process for resolving disputes between parties by requiring them to first attempt to resolve issues through negotiation and, if unsuccessful, proceed to mediation before pursuing litigation or arbitration. Typically, this clause outlines specific steps, such as notifying the other party of the dispute, engaging in good faith discussions, and, if needed, involving a neutral third-party mediator to facilitate a resolution. Its core practical function is to encourage amicable settlement of disagreements, reduce the likelihood of costly and time-consuming legal proceedings, and provide a clear pathway for dispute resolution.
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Escalation; Mediation. (a) It is the intent of the Parties to use reasonable efforts to resolve expeditiously any dispute, controversy or claim between or among them with respect to the matters covered hereby that may arise from time to time on a mutually acceptable negotiated basis. In furtherance of the foregoing, a Party involved in a dispute, controversy or claim may deliver a notice (an “Escalation Notice”) demanding an in-person meeting involving representatives of the Parties at a senior level of management (or if the Parties agree, of the appropriate strategic business unit or division within such entity). A copy of any such Escalation Notice shall be given to the General Counsel, or like officer or official, of the Party involved in the dispute, controversy or claim (which copy shall state that it is an Escalation Notice pursuant to this Agreement). Any agenda, location or procedures for such discussions or negotiations between the Parties may be established by the Parties from time to time; provided, however, that the Parties shall use reasonable efforts to meet within 30 days of the Escalation Notice.
(b) If the Parties are not able to resolve the dispute, controversy or claim through the escalation process referred to above, then the matter shall be referred to mediation. The Parties shall retain a mediator to aid the Parties in their discussions and negotiations by informally providing advice to the Parties. Any opinion expressed by the mediator shall be strictly advisory and shall not be binding on the Parties or be admissible in any other proceeding. The mediator may be chosen from a list of mediators previously selected by the Parties or by other agreement of the Parties. Costs of the mediation shall be borne equally by the Parties involved in the matter, except that each Party shall be responsible for its own expenses. Mediation shall be a prerequisite to the commencement of any Action by either Party against the other Party.
(c) In the event that any resolution of any dispute, controversy or claim pursuant to the procedures set forth in Section 8.02(a) or (b) in any way affects an agreement or arrangement between either of the Parties and a third party insurance carrier, the consent of such third party insurance carrier to such resolution, to the extent such consent is required, shall be obtained before such resolution can take effect.
Escalation; Mediation. (a) It is the intent of the Parties to use reasonable best efforts to resolve expeditiously any dispute, controversy or claim between or among them with respect to the matters covered hereby that may arise from time to time on a mutually acceptable negotiated basis. In furtherance of the foregoing, a Party involved in a dispute, controversy or claim may deliver a notice (an “Escalation Notice”) demanding an in-person meeting involving representatives of the Parties at a senior level of management (or if the Parties agree, of the appropriate strategic business unit or division within such entity). A copy of any such Escalation Notice shall be given to the General Counsel, or like officer or official, of the Party involved in the dispute, controversy or claim (which copy shall state that it is an Escalation Notice pursuant to this Agreement). Any agenda, location or procedures for such discussions or negotiations between the Parties may be established by the Parties from time to time; provided, however, that the Parties shall use reasonable best efforts to meet within 30 days of the Escalation Notice.
Escalation; Mediation. (a) It is the intent of the parties to use their respective reasonable efforts to resolve expeditiously any dispute, controversy or claim between or among them with respect to the matters covered hereby that may arise from time to time on a mutually acceptable negotiated basis. In furtherance of the foregoing, any party involved in a dispute, controversy or claim may deliver a notice (an "ESCALATION NOTICE") demanding an in person meeting involving representatives of the parties at a senior level of management of the parties (or if the parties agree, of the appropriate strategic business unit or division within such entity). A copy of any such Escalation Notice shall be given to the General Counsel, or like officer or official, of each party involved in the dispute, controversy or claim (which copy shall state that it is an Escalation Notice pursuant to this Agreement). Any agenda, location or procedures for such discussions or negotiations between the parties may be established by the parties from time to time; PROVIDED, HOWEVER, that the parties shall use their reasonable efforts to meet within 30 days of the Escalation Notice.
(b) If the parties are not able to resolve the dispute, controversy or claim through the escalation process referred to above, then the matter shall be referred to
Escalation; Mediation. If a dispute arises between Client and TRITAN which cannot be resolved in the normal course, then either Party may activate the following dispute resolution procedures: Within five (5) business days of a written request, the Parties’ respective Project Executives shall meet to resolve the dispute. If they do not resolve the dispute within five (5) business days, the issue shall be escalated to the Governance Committee, which shall have thirty (30) days to resolve the dispute. If the dispute has not been resolved within that thirty (30) day period, the issue shall be resolved through mediation. The Parties agree to select a mutually agreeable, neutral third-party to serve as a mediator for the dispute. Costs and fees associated with the mediation shall be shared equally by the Parties. If the Parties are unable to agree upon a mediator, they will engage a professional mediation service to select a mediator. If the Parties are not able to resolve the matter through mediation within sixty (60) days of selection of a mediator, then the parties will submit the dispute to binding arbitration as specified in Section 16.2.
Escalation; Mediation. If a dispute arises between Client and TRITAN which cannot be resolved in the normal course, then either Party may activate the following dispute resolution procedures: The Parties’ respective Project Executives shall meet to resolve the dispute. If they do not resolve the dispute within twenty (20) business days, the issue shall be escalated to the Governance Committee, which shall have thirty (30) days to resolve the dispute. If the dispute has not been resolved within that thirty (30) day period, the issue shall be resolved through mediation. The Parties agree to select a mutually agreeable, neutral third-party to serve as a certified mediator. The mediation will take place in Limassol, Cyprus and the language of the mediation shall be English. The Mediation Agreement referred to in the mediation procedure shall be governed and construed and take effect in accordance with the laws of Cyprus. Except as may be required by law, neither a party nor the mediators may disclose the existence, content or results of any mediation without the prior written consent of both parties. The mediator will have no authority to award punitive damages, consequential damages, or liquidated damages, or any damages exceeding the limitations set forth in this Master Agreement.
Escalation; Mediation. If a dispute arises between Client and TRITAN which cannot be resolved in the normal course, then either Party may activate the following dispute resolution procedures: The Parties’ respective Project Executives shall meet to resolve the dispute. If they do not resolve the dispute within twenty (20) business days, the issue shall be escalated to the Governance Committee, which shall have thirty (30) days to resolve the dispute. If the dispute has not been resolved within that thirty (30) day period, the issue shall be resolved through mediation. The Parties agree to select a mutually agreeable, neutral third-party to serve as a mediator in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure. The mediation will take place in Cork, Ireland and the language of the mediation shall be English. The Mediation Agreement referred to in the Model Mediation Procedure shall be governed and construed and take effect in accordance with the laws of Ireland. Except as may be required by law, neither a party nor the mediators may disclose the existence, content or results of any mediation without the prior written consent of both parties. The mediator will have no authority to award punitive damages, consequential damages, or liquidated damages, or any damages exceeding the limitations set forth in this Master Agreement.
Escalation; Mediation. (a) It is the intent of the parties to use their respective reasonable best efforts to resolve expeditiously any dispute, controversy or claim between or among them with respect to the matters covered hereby that may arise from time to time on a mutually acceptable negotiated basis. In furtherance of the foregoing, any party involved in a dispute, controversy or claim may
(b) If the parties are not able to resolve the dispute, controversy or claim through the escalation process referred to above, then the matter shall be referred to mediation. The parties shall retain a mediator to aid the parties in their discussions and negotiations by informally providing advice to the parties. Any opinion expressed by the mediator shall be strictly advisory and shall not be binding on the parties, nor shall any opinion expressed by the mediator be admissible in any other proceeding. The mediator may be chosen from a list of mediators previously selected by the parties or by other agreement of the parties. Costs of the mediation shall be borne equally by the parties involved in the matter, except that each party shall be responsible for its own expenses. Mediation shall be a prerequisite to the commencement of any action by either party.
Escalation; Mediation. (a) It is the intent of the parties to use their respective commercially reasonable efforts to resolve expeditiously any dispute, controversy or claim between or among them with respect to the matters covered hereby that may arise from time to time on a mutually acceptable negotiated basis. In furtherance of the foregoing, upon the written notice of either party, each party shall appoint a representative at an authority level above the level of the individuals who have been unable to resolve the dispute (the “Next Step Up Representatives”). The Next Step Up Representatives shall be appointed as determined in the discretion of each party considering the importance of the relationship, the complexity of the issues, and the size of the amounts in dispute. The parties shall allow for a period of 15 Business Days after the last representative is appointed and contact information provided to the other party for the Next Step Up Representatives to negotiate a resolution of the dispute before the parties are required to move to the mediation stage. This 15 Business Day period may be waived jointly in writing.
(b) If the parties are not able to resolve the dispute, controversy or claim (except those relating to Environmental Liabilities, which are addressed in Section 9.2(c) below) through the escalation process referred to above, then either party may submit the dispute to mediation by written notice to the other party. The parties shall jointly retain a mediator to aid the parties in their discussions and negotiations by informally providing advice to the parties. The mediator shall be selected by the parties. If the parties cannot agree on a mediator within 30 days after the notice to mediate, the International Institute for Conflict Prevention and
(c) If the parties are not able to resolve any technical or factual dispute, controversy or claim relating to Environmental Liabilities through the escalation process referred to above, then either party may submit the dispute to mediation by written notice to the other party. The parties shall jointly retain a technical mediator, such as a third-party environmental consultant or other person with specific technical expertise in the matter involved in the dispute, controversy or claim to aid the parties in their discussions and negotiations. The technical mediator shall be selected by the parties. If the parties cannot agree on a technical mediator within 30 days after the notice to mediate, CPR shall designate a tech...
Escalation; Mediation. (a) If the senior executives are unable to resolve the Dispute within sixty (60) days from the Dispute Resolution Commencement Date, on the request of any party, the Dispute will be mediated by a mediator appointed pursuant to the mediation rules of the American Arbitration Association. Both parties will share the administrative costs of the mediation and the mediator’s fees and expenses equally, and each party shall bear all of its other costs and expenses related to the mediation, including but not limited to attorney’s fees, witness fees, and travel expenses. The mediation shall take place in Dallas, Texas or in whatever alternative forum on which the parties may agree.
(b) If the parties cannot resolve any Dispute through mediation within forty-five (45) days of the appointment of the mediator (or the earlier withdrawal thereof), each party shall be entitled to seek relief in a court of competent jurisdiction pursuant to Section 10.03.