Facilitative Mediation Clause Samples

Facilitative Mediation. The parties to an Agreement Dispute shall first attempt to resolve such Agreement Dispute by means of a mediation conducted in the following manner. A party desiring mediation of any Agreement Dispute shall give or shall have given a written notice, in the manner set forth in Section 14(b) hereof (a "Dispute Notice"), to the other party or parties setting forth the nature of the dispute and the relief intended to be sought and shall submit such Agreement Dispute for resolution by facilitative mediation in Chicago, Illinois, under the Commercial Mediation Rules (but not otherwise under the auspices) of the American Arbitration Association (the "AAA") in effect on the date of this Agreement, unless the parties have agreed, in writing, to resolve any such dispute by other means. Each party agrees that it will submit to and shall not challenge or object to the jurisdiction (either personal or subject matter) or the venue of such mediation in Chicago, Illinois.

Facilitative Mediation. If the parties cannot resolve any dispute, claim, question, or disagreement arising from or relating to the Project or arising out of this Contract for Professional Services or the breach thereof through Claim Submittal, the parties may in good faith participate in private, non-binding facilitative mediation seeking a just and equitable solution satisfactory to all parties. 4.5.1 All parties to a mediation shall promptly provide all other parties to the mediation with copies of essential documentation relevant to the support or defense of the matter being mediated. 4.5.2 The parties shall not be required to mediate for a period greater than ninety-one (91) calendar days unless otherwise agreed to in writing by the parties. The parties shall share equally any administrative costs and fees of such proceedings, but shall each be responsible for expenses otherwise incurred. 4.5.3 In the event that the statute of limitations would run during the required mediation period, either party may institute litigation so as to avoid the running of such statute upon the condition that such party immediately seek a stay of such litigation pending the conclusion of the mediation period. 4.5.4 During the course of mediation, any party to the mediation may apply for injunctive relief from any court of competent jurisdiction until the mediation period expires or the dispute is otherwise resolved.

Facilitative Mediation. If the parties cannot resolve any dispute, claim, question, or disagreement arising from or relating to the Project or arising out of this Agreement or the breach of this Agreement through mutual discussion, the parties shall in good faith participate in private, non- binding facilitative mediation seeking a just and equitable solution satisfactory to all parties. In the event that mediation pursuant to this section was not conducted within six (6) months prior to the initiation of any Court Action or litigation of any dispute, claim, question, or disagreement under this Agreement, the parties shall participate in the mediation described in this Agreement of the issues described in the Court Action or litigation within three (3) months of the initiation of any such Court Action or litigation. 25.4.1 All parties to a mediation must promptly provide all other parties to the mediation with copies of essential documentation relevant to the support or defense of the matter being mediated. 25.4.2 The parties will not be required to mediate for a period greater than ninety-one calendar days unless otherwise agreed to in writing by the parties. The parties will share equally any administrative costs and fees of such proceedings, but will each be responsible for their own expenses otherwise incurred. 25.4.3 In the event that the statute of limitations would run during the required mediation period, either party may institute litigation so as to avoid the running of such statute upon the condition that such party immediately seek a stay of such litigation pending the conclusion of the mediation period. 25.4.4 During the course of mediation, any party to the mediation may apply for injunctive relief from any court of competent jurisdiction until the mediation period expires or the dispute is otherwise resolved. 25.4.5 The County, the Professional, the Construction Manager, and any other parties involved in any way in the design or construction of the Project are bound, each to each other, by this requirement to mediate prior to commencement of any litigation, provided that they have signed this Agreement or an agreement that incorporates this Agreement by reference or signed any other agreement which binds them to mediate. Each such party agrees that it may be joined as an additional party to a mediation involving other parties under any such agreement. In the case where more than one mediation is begun under any such agreement and any party contends that the mediati...

Facilitative Mediation. 9.1.1 The Mediator will try to help resolve the Dispute by way of facilitative mediation, exploring issues, interests, needs and concerns of the Participants and assisting them independently and neutrally by generating options for a mutually agreed resolution of the matters in the Dispute. The Mediator Briefing Note explains what to expect at the mediation. 9.1.2 Mediation is a voluntary process and the Mediator will not, and cannot, compel the Participants to settle. Either the Mediator or the Participants may terminate the process at any time.

Facilitative Mediation. ‌ If the parties cannot resolve any Claim arising from or relating to the Project or arising out of this Term Contract for Professional Services or the breach thereof through Claim Submittal, the parties may in good faith participate in private, non-binding facilitative mediation seeking a just and equitable solution satisfactory to all parties. 4.3.1 All parties to a mediation shall promptly provide all other parties to the mediation with copies of essential documentation relevant to the support or defense of the matter being mediated. 4.3.2 The parties shall share equally any administrative costs and fees of such proceedings but shall each be responsible for expenses otherwise incurred. 4.3.3 Any party to the mediation may terminate the mediation at any time for any reason.

Facilitative Mediation. The Mediator will attempt to resolve the dispute by way of facilitative mediation, exploring issues, interests, needs and concerns of the Parties and assisting them by generating options for a mutually agreed resolution of the matters in dispute.

Facilitative Mediation. If the parties cannot resolve any dispute, claim, question, or disagreement arising from or relating to the Project or arising out of the Contract for Construction or the breach thereof through mutual discussion, the parties may in good faith participate in private, non-binding facilitative mediation seeking a just and equitable solution satisfactory to all parties. 23.2.1 All parties to a mediation shall promptly provide all other parties to the mediation with copies of essential documentation relevant to the support or defense of the matter being mediated. 23.2.2 The parties shall not be required to mediate for a period greater than ninety-one calendar days unless otherwise agreed to in writing by the parties. The parties shall share equally any administrative costs and fees of such proceedings, but shall each be responsible for their own expenses otherwise incurred. 23.2.3 In the event that the statute of limitations would run during the required mediation period, either party may institute litigation so as to avoid the running of such statute upon the condition that such party immediately seek a stay of such litigation pending the conclusion of the mediation period. 23.2.4 During the course of mediation, any party to the mediation may apply for injunctive relief from any court of competent jurisdiction until the mediation period expires or the dispute is otherwise resolved. 23.2.5 The Owner, the Professional, the Builder, and any other parties involved in any way in the design or construction of the Project are bound, each to each other, by this requirement to mediate prior to commencement of any litigation or administrative action, provided that they have signed the Contract for Construction or an agreement that incorporates the Contract for Construction by reference or signed any other agreement which binds them to mediate. Each such party agrees that it may be joined as an additional party to a mediation involving other parties under any such agreement. In the case where more than one mediation is begun under any such agreement and any party contends that the mediations are substantially related, the mediations may be conducted by the mediator selected in the first mediation which was commenced. 23.2.6 The mediation shall be conducted in Alachua County, Florida, unless agreed otherwise by the parties.

Facilitative Mediation. If the parties cannot resolve any dispute, claim, question, or disagreement arising from or relating to the Project or arising out of this Agreement for Construction Management or the breach thereof through mutual discussion, the parties shall in good faith participate in private, non-binding facilitative mediation seeking a just and equitable solution satisfactory to all parties. In the event that mediation pursuant to this section was not conducted within six (6) months prior to the initiation of any Court Action or litigation of any dispute, claim, question, or disagreement hereunder, the parties shall participate in the mediation described herein of the issues described in the Court Action or litigation within three (3) months of the initiation of any such Court Action or litigation. 25.4.1 All parties to a mediation shall promptly provide all other parties to the mediation with copies of essential documentation relevant to the support or defense of the matter being mediated. 25.4.2 The parties shall not be required to mediate for a period greater than ninety-one