Failure of Mediation. In the event that the assistance of mediation is unsuccessful in developing an accordance between the parties and producing an agreement, the Association then reserves the right to strike, with at least ten (10) days written notice.
Failure of Mediation. If the Dispute is not resolved through mediation, the mediation will be terminated by a written declaration of the mediator that the Dispute has not been resolved.
Failure of Mediation. If the parties do not resolve the Dispute by mediation within a period of ninety (90) days after the case has been referred to mediation either party may enter the dispute in any court having jurisdiction.
Failure of Mediation. If, after good faith efforts to mediate a dispute under the terms of this Agreement as provided in Section 14.2 above, the Parties cannot agree to a resolution of the dispute, any Party may pursue whatever legal remedies may be available to it at law or in equity, before a court of competent jurisdiction and with venue as provided in Section 35.
Failure of Mediation. 11.3.1 In the event that the matter is not resolved by mediation within 2 months of the date of referral to mediation the parties agree that the provisions in the Arbitration Xxx 0000 will apply;
11.3.2 Notwithstanding anything to the contrary in the Arbitration Xxx 0000, if the parties do not agree on the person to be appointed as arbitrator, the appointment is to be made by the President for the time being of the District Law Society in the region in which the Te Urenui Pa Site is located;
11.3.3 The parties further agree that the results of arbitration are to be binding upon the parties.
Failure of Mediation. If the Dispute cannot be resolved by mediation then the parties may take any action available to them in order to resolve the Dispute.
Failure of Mediation. If mediation pursuant to clause 3 fails to produce a resolution of the Dispute within the Mediation Period, either Party may institute legal proceedings before a court of competent jurisdiction.
Failure of Mediation. If PG&E and XXX, after good faith -------------------- efforts to mediate a dispute under the terms of this Agreement (as provided in Section 18.2), cannot agree to a resolution of the dispute either party may pursue whatever legal remedies may be available to such party, at law or in equity, before a court of competent jurisdiction and with venue as provided in Section 20.7.
Failure of Mediation. (i) In the event that the Parties are unable to resolve their dispute through mediation, the matter shall be arbitrated at the request of either Party. The arbitration shall proceed under the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association.
(ii) The same person that served as mediator shall also serve as arbitrator and such person shall, when rendering a decision, consider all relevant information provided by the Parties to such person during the mediation process, whether or not such information is or was deemed confidential. The arbitrator shall conduct no hearings and shall render a decision based upon only the information provided during the mediation process and any further documents submitted by the Parties.
(iii) There shall be no production of documents or other information, or other discovery incident to any arbitration proceeding under this Section 3.6(b).
Failure of Mediation. 16.8.1 If the parties fail to reach agreement within days of the Mediator being appointed, or such other period as the parties may agree, then both parties shall be entitled to submit the dispute to arbitration under the terms of Clause of this Agreement.
