Common use of INITIAL DISPUTE Clause in Contracts

INITIAL DISPUTE. RESOLUTION If a dispute arises out of or relates to this Agreement or its breach, the parties shall endeavor to settle the dispute first through direct discussions. If the dispute cannot be settled through direct discussions, the parties shall endeavor to settle the dispute by mediation under the Construction Industry Mediation Rules of the American Arbitration Association before recourse to the dispute resolution procedures contained in this Agreement. Once one party files a request for mediation with the other contracting party and with the American Arbitration Association, the parties agree to conclude such mediation within sixty (60) days of filing of the request. Either party may terminate the mediation at any time after the first session, but the decision to terminate must be delivered in person by the party’s representative to the other party’s representative and the mediator.

Appears in 6 contracts

Samples: Standard Form of Agreement and General Conditions Between Owner and Contractor (Siouxland Ethanol, LLC), Standard Form of Agreement Between Owner and Contractor (Siouxland Ethanol, LLC), Standard Form of Agreement and General Conditions Between Owner and Contractor (Siouxland Ethanol, LLC)

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INITIAL DISPUTE. RESOLUTION If a any dispute arises out of or relates to this Agreement or its breach, the parties shall endeavor to settle the dispute first through direct discussions. If the dispute cannot be settled resolved through direct discussions, the parties shall endeavor to settle the dispute by participate in mediation under the Construction Industry Mediation Rules of the American Arbitration Association before recourse to any other form of binding dispute resolution. The location of the dispute resolution procedures contained in this Agreementmediation shall be the location of the Project. Once one a party files a request for mediation with the other contracting party and with the American Arbitration Association, the parties agree to conclude commence such mediation within sixty thirty (6030) days of filing of the request. Either party may terminate the mediation at any time after the first session, but the decision to terminate must be delivered in person by the party’s representative to the other party’s representative party and the mediator. Engaging in mediation is a condition precedent to any other form of binding dispute resolution.

Appears in 1 contract

Samples: Subcontract Agreement

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