Common use of Initial Mediation Clause in Contracts

Initial Mediation. In the event of a Dispute, and prior to proceeding to arbitration pursuant to Section 5.10(c), the parties hereto must submit the Dispute to any mutually agreed mediation service for mediation by providing to the mediation service a joint, written request for mediation, setting forth the subject of the Dispute and the relief requested. The Dispute shall be mediated in Houston, Texas within 30 days from the date that a written request for mediation is made by any party hereto, and the mediation shall be conducted before a single mediator to be agreed upon by the parties hereto. If the parties hereto cannot agree on the mediator, each party hereto shall select a mediator and the mediators so selected shall together unanimously select a neutral mediator who will conduct the mediation. The parties hereto shall cooperate with the mediation service and with one another in scheduling the mediation proceedings. The parties hereto covenant that they will use commercially reasonable efforts in participating in the mediation. The parties hereto agree that the mediator’s fees and expenses and the costs incidental to the mediation will be shared equally among them. The parties hereto further agree that all offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties hereto, their agents, employees, experts, and attorneys, and by the mediator and any employees of the mediation service, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any litigation, arbitration or other proceeding involving the parties hereto, provided, that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. The decision of the mediator shall be non-binding on the parties hereto.

Initial Mediation. In the event of a Dispute, and prior to proceeding to arbitration pursuant to Section 5.10(c8.18(c), the parties hereto Parties must submit the Dispute to any mutually agreed mediation service for mediation by providing to the mediation service a joint, written request for mediation, setting forth the subject of the Dispute and the relief requested. The Dispute shall be mediated in Houston, Texas within 30 thirty (30) days from the date that a written request for mediation is made by any party heretoParty, and the mediation shall be conducted before a single mediator to be agreed upon by the parties heretoParties. If the parties hereto Parties cannot agree on the mediator, each party hereto Party shall select a mediator and the mediators so selected shall together unanimously select a neutral mediator who will conduct the mediation. The parties hereto Parties shall cooperate with the mediation service and with one another in scheduling the mediation proceedings. The parties hereto Parties covenant that they will use commercially reasonable efforts in participating in the mediation. The parties hereto Parties agree that the mediator’s fees and expenses and the costs incidental to the mediation will be shared equally among themby the Parties. The parties hereto Parties further agree that all offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties heretoParties, their agents, employees, experts, and attorneys, and by the mediator and any employees of the mediation service, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any litigation, arbitration or other proceeding involving the parties hereto, provided, Parties; provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. The decision of the mediator shall be non-binding on the parties heretoParties.

Initial Mediation. In the event of a Dispute, and prior to proceeding to arbitration pursuant to Section 5.10(c11.2(c), the parties hereto Parties must submit the Dispute to any mutually agreed mediation service for mediation by providing to the mediation service a joint, written US-DOCS\83202430.20 request for mediation, setting forth the subject of the Dispute and the relief requested. The Dispute shall be mediated in HoustonOklahoma City, Texas Oklahoma within 30 days from the date that a written request for mediation is made by any party heretoParty, and the mediation shall be conducted before a single mediator to be agreed upon by the parties heretoParties. If the parties hereto Parties cannot agree on the mediator, each party hereto Party shall select a mediator and the mediators so selected shall together unanimously select a neutral mediator who will conduct the mediation. The parties hereto Parties shall cooperate with the mediation service and with one another in scheduling the mediation proceedings. The parties hereto Parties covenant that they will use commercially reasonable efforts in participating in the mediation. The parties hereto Parties agree that the mediator’s fees and expenses and the costs incidental to the mediation will be shared equally among themby the Parties. The parties hereto Parties further agree that all offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties heretoParties, their agents, employees, experts, and attorneys, and by the mediator and any employees of the mediation service, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any litigation, arbitration or other proceeding involving the parties heretoParties, provided, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. The decision of the mediator shall be non-binding on the parties heretoParties.