Identification of Matters in Dispute Sample Clauses

Identification of Matters in Dispute. At least ten (10) days prior to the first scheduled mediation session, each party shall provide the mediator with a brief memorandum setting forth its position with regard to the issues that need to be resolved. At the discretion of the mediator, the parties may mutually exchange such memoranda. At the first session, the parties will be expected to produce all information reasonably required for the mediator to understand the issues presented. The mediator may require any party to supplement such information.
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Identification of Matters in Dispute. Prior to the first scheduled mediation session, each party shall provide to the Mediator and counsel for all parties involved in the mediation an Information Sheet and Request for Mediation identifying the parties to the dispute and their counsel, the nature of the dispute, and setting forth its positions with regard to the issues that need to be resolved. At or before the first session, the parties will be expected to produce all information reasonably required for the Mediator to understand the issues presented. The Mediator may require any party to supplement such information.
Identification of Matters in Dispute. I. The Parties shall comply with the process as required by the mediator with regard to providing the mediator with a memorandum setting forth its position with regard to the issues that need to be resolved. At the discretion of the mediator, or otherwise agreed by the Parties, the Parties may mutually exchange such memoranda.
Identification of Matters in Dispute. Within ten days of initiation of DR proceedings under this Agreement, each party shall provide to the other party a brief memorandum setting forth the issues that need to be resolved along with the party’s interests in and positions on the issue as appropriate. Such memorandum will serve as the starting point for collaborative problem solving. * Collaborative Problem Solving: Using the memorandum setting forth issues, interests, and positions, as the basis, parties shall confer in person or by telephone regarding the issues using interest-based collaborative problem solving without the involvement of a third-party mediator. Mediation: The parties may agree at any time to select a private third-party mediator to assist in the resolution of the issues in dispute. Moreover, any party may unilaterally propose the appointment of a private third-party mediator if the issues in dispute are not fully resolved within 30 calendar days after the initial conference on collaborative problem solving. Any such proposal shall be made in writing and transmitted to the other party. If such a proposal is made, the parties shall confer within five days after the date of that proposal regarding the selection of the mediator. Parties shall seek in good-faith to agree upon a mediator and to resolve the remaining issues in dispute as expeditiously as possible using an interest-based collaborative problem- solving approach.
Identification of Matters in Dispute. Within ten days of initiation of DR proceedings under this Agreement, each party shall provide to the other party a brief memorandum setting forth the issues that need to be resolved along with the party’s interests in and positions on the issue as appropriate. Such memorandum will serve as the starting point for collaborative problem solving.

Related to Identification of Matters in Dispute

  • Governing Law; Disputes In view of the fact that: (i) the Purchaser was formed pursuant to the laws of the State of New York; (ii) the Company was formed pursuant to the laws of the State of Delaware ; (iii) the principal place of business of the Purchaser is located in the State of New York; (iv) the principal place of business of the Company is located in the State of Arizona; (v) the Purchaser does business throughout the United States; (vi) the Company contemplates doing business in North Dakota and other states; (vii) the principal place of business of the Escrow Agent is located in the State of New York; and (viii) all services pursuant to this Escrow Agreement will be performed in the State of New York, in order to avoid the question of which state law shall be applicable, the Parties agree that: This Escrow Agreement shall in all respects be construed, governed, applied and enforced in accordance with the laws of the State of New York and be deemed to be an agreement entered into in the State of New York and made pursuant to the laws of the State of New York, without giving effect to the principles of conflicts of law. Moreover, the Parties agree that pursuant to Section 5-1401 of the General Obligations Law of New York, if applicable, this Escrow Agreement shall in all respects be construed, governed, applied and enforced in accordance with the laws of the State of New York and be deemed to be an agreement entered into in the State of New York and made pursuant to the laws of the State of New York, without giving effect to the principles of conflicts of law. The Parties hereby consent to and submit to the exclusive jurisdiction of the courts of the State of New York, County of New York, as properly having venue in any action or proceeding in relation to this Escrow Agreement. The Parties hereby waive personal service of any and all process and specifically consent that in any such action or proceeding brought in the courts of the State of New York, County of New York, any service of process may be effectuated upon any of them by certified mail, return receipt requested. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. The parties hereby knowingly, voluntarily and intentionally waive (to the extent permitted by applicable law) any right he, she or it may have to a trial by jury of any dispute arising under or relating to this Escrow Agreement and agree that any such dispute shall, at the option of any party, be tried before a judge sitting without a jury.

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