Managing disputes Clause Samples
The "Managing disputes" clause outlines the procedures and mechanisms for resolving disagreements that may arise between the parties during the course of their agreement. Typically, this clause specifies steps such as negotiation, mediation, or arbitration before resorting to litigation, and may set timelines or designate specific forums for dispute resolution. Its core practical function is to provide a clear, structured process for addressing conflicts, thereby minimizing uncertainty, reducing the risk of prolonged disputes, and helping maintain the business relationship.
Managing disputes. 22.1 When either Party notifies the other of a dispute, both Parties will attempt in good faith to negotiate a settlement as soon as possible.
22.2 Nothing in this prevents a Party from seeking any interim order restraining the other Party from doing any act or compelling the other Party to do any act.
22.3 If the dispute cannot be resolved, either Party will be entitled to refer it to mediation in accordance with the procedures below, unless: ● the Buyer considers that the dispute is not suitable for resolution by mediation; ● the Supplier does not agree to mediation.
22.4 The procedure for mediation is as follows: ● A neutral adviser or mediator will be chosen by agreement between the Parties. If the Parties cannot agree on a mediator within 10 Working Days after a request by one Party to the other, either Party will as soon as possible, apply to the mediation provider or to the Centre for Effective Dispute Resolution (CEDR) to appoint a mediator. This application to CEDR must take place within 12 Working Days from the date of the proposal to appoint a mediator, or within 3 Working Days of notice from the mediator to either Party that they are unable or unwilling to act. ● The Parties will meet with the mediator within 10 Working Days of the mediator’s appointment to agree a programme for the exchange of all relevant information and the structure for negotiations to be held. The Parties may at any stage seek help from the mediation provider specified in this clause to provide guidance on a suitable procedure. ● Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it will be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings. ● If the Parties reach agreement on the resolution of the dispute, the agreement will be recorded in writing and will be binding on the Parties once it is signed by their duly authorised representatives. ● Failing agreement, either Party may invite the mediator to provide a non- binding but informative opinion in writing. Such an opinion will be provided without prejudice and will not be used in evidence in any proceedings relating to the Call-Off Contract without the prior written consent of both Parties. ● If the Parties fail to reach agreement in the structured negotiations within 60 Working Days of the mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them...
Managing disputes. 32.1 When either Party notifies the other of a dispute, both Parties will attempt in good faith to negotiate a settlement within 20 Working Days. This will include escalation of the dispute to the CCS Representative and the Supplier Representative.
32.2 The obligations of the Parties under this Framework Agreement will not be suspended, ceased or delayed by the reference of a dispute to mediation or arbitration and the Supplier and Supplier’s Staff will continue to comply with the requirements of this Framework Agreement.
32.3 Nothing in this process prevents a Party from seeking any interim order restraining the other Party from, or compelling the other Party to do, any act.
32.4 If the dispute cannot be resolved, the parties will first attempt to settle the matter by mediation and before either party commences formal action.
Managing disputes. 23. Termination 24. Consequences of termination 25. Supplier’s status 26. Notices
Managing disputes. When either Party notifies the other of a dispute, both Parties will attempt in good faith to negotiate a settlement within 20 Working Days. This will include escalation of the dispute to the CCS Representative and the Supplier Representative.
Managing disputes. 19. Both parties agree to resolve their differences in the spirit of collaboration. If there is a dispute between both parties about the interpretation and/or operation of this MoUthematter shall beresolved between therelevant teams in both organisations in the first instance. Where convergent views cannot be achieved, each team shall provide an explanationtosupport its stancefollowing which the matter shall be referred to the relevant senior leaders of both organisations for resolution.
Managing disputes. 13.8.1 If any dispute arises in connection with this Agreement, the parties agree to first try to resolve the dispute through Fruugo’s complaints procedure, which is available upon request.
13.8.2 If the dispute is not wholly resolved through Fruugo’s complaint’s procedure, then the dispute may be referred at the discretion of the Retailer to CEDR for mediation. The parties agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties within 14 working days of notice of the dispute, the mediator will be nominated by ▇▇▇▇. To initiate the mediation a party must give notice in writing (“ADR Notice”) to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.
13.8.3 If there is any point on the logistical arrangements of the mediation, other than the nomination of the mediator, upon which the parties cannot agree within 14 working days from the date of the ADR Notice, where appropriate, in conjunction with the mediator, CEDR will be requested to decide that point for the parties having consulted with them.
Managing disputes. The Group acknowledges that it has the sole responsibility for resolving any disputes that may arise between or among Group Physicians, and that the Ministry has no responsibility in this regard.
Managing disputes. 18.1 In the event of any dispute or a complaint (“Dispute”) under this MOU the Parties agree to use all reasonable efforts to negotiate to resolve the Dispute in the following way:
18.1.1 In the first instance, the Dispute will be referred to the Representatives of each Party. The Dispute Notification Date is the date the Dispute is referred to the Representatives of each Party, or where this date is not a Business Day, the next Business Day.
18.1.2 Following notification in accordance with clause 18.1.1, the Representatives of each Party will discuss the Dispute in good faith and attempt to determine a mutually acceptable strategy to resolve the Dispute within 10 Business Days of the Dispute Notification Date.
18.1.3 If the Parties cannot resolve the Dispute as set out under clause 18.1.2 then the Dispute must be referred to the Senior Representatives (or respective delegate) of each Party to meet and attempt to resolve the Dispute. The Senior Representatives will endeavour in good faith to resolve the Dispute within a further 10 Business Days.
18.1.4 The Parties must continue to perform their respective obligations under this MOU pending a resolution to the Dispute unless the nature of the Dispute precludes continuance of such performance.
18.1.5 A Dispute may be withdrawn at any time by the Party who raised the Dispute.
18.2 The Parties must exhaust the options set out in clause 18.1 before initiating Alternative Dispute Resolution measures as follows:
18.2.1 If the Dispute has not been resolved within 28 Business Days from the Dispute Notification Date, the matter will be promptly referred to the CFA Chief Officer and AV Chief Executive.
18.2.2 The CFA Chief Officer and AV Chief Executive will discuss the Dispute and issues and endeavour to resolve the Dispute, within a further 14 Business Days.
Managing disputes. 20.1 When either Party notifies the other of a dispute, both Parties will attempt in good faith to negotiate a settlement as soon as possible.
20.2 Nothing in this prevents a Party from seeking any interim order restraining the other Party from doing any act or compelling the other Party to do any act.
20.3 If the dispute cannot be resolved, either Party will be entitled to refer it to mediation in accordance with the procedures below, unless: • The Buyer considers that the dispute is not suitable for resolution by mediation; • The Supplier does not agree to mediation.
20.4 The procedure for mediation is as follows: • A neutral adviser or mediator will be chosen by agreement between the Parties. If the Parties cannot agree on a mediator within 10 Working Days after a request by one Party to the other, either Party will as soon as possible, apply to the mediation provider or to the Centre for Effective Dispute Resolution (CEDR) to appoint a mediator.