MANDATORY MEDIATION AND ARBITRATION. In the event there is an unresolved legal dispute between the Executive and the Company that involves legal rights or remedies arising from this Agreement or the employment relationship between the Executive and the Company (“Dispute”), except as otherwise provided herein, before commencing an arbitration action or other legal proceeding, the parties shall promptly submit the Dispute to mediation, using a mediator jointly selected by the parties, or if the parties are unable to agree upon a mediator then the Dispute shall be submitted to non-binding mediation with the American Arbitration Association in Waukesha County, Wisconsin in accordance with its rules. The cost of the mediation shall be borne equally between the parties. If the parties are unable to achieve a mutually agreeable resolution of the Dispute through mediation, the parties agree to submit their Dispute to binding arbitration under the authority of the Federal Arbitration Act and/or the Wisconsin Uniform Arbitration Act; provided, however, that the Company may pursue a temporary restraining order, preliminary injunction and/or other interim or conservatory relief in accordance with Section 11 above, with related expedited discovery for the parties, in a court of law, and, thereafter, require arbitration of all issues of final relief. Insured workers compensation claims (other than wrongful discharge claims), and claims for unemployment insurance are excluded from arbitration under this provision. The Arbitration will be conducted by the American Arbitration Association pursuant to the American Arbitration Association’s National Rules for the Resolution of Employment Disputes. The arbitrator(s) shall be duly licensed to practice law in the State of Wisconsin. Each party will be allowed at least one deposition. The arbitrator(s) shall be required to state in a written opinion all facts and conclusions of law relied upon to support any decision rendered. No arbitrator will have authority to render a decision that contains an outcome determinative error of state or federal law, or to fashion a cause of action or remedy not otherwise provided for under applicable state or federal law. Any dispute over whether the arbitrator(s) has failed to comply with the foregoing will be resolved by summary judgment in a court of law. In all other respects, the arbitration process will be conducted in accordance with the American Arbitration Association’s National Rules for the Resolution of Employment Dispu...
MANDATORY MEDIATION AND ARBITRATION. If a dispute arises out of or relates to this Agreement, and if the dispute cannot be settled through negotiation, the Parties agree first to try in good faith to settle the dispute first by informal negotiation, and then by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. Any controversy or claim arising out of or relating to this Agreement that is not resolved in mediation shall be settled by individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Parties waive the right to pursue any class action litigation or litigation in any other venue or forum.
MANDATORY MEDIATION AND ARBITRATION. All disputes will be settled by mediation. Upon notice by either Party, a one-day mediation will be scheduled. The Parties will agree to a mediator who will conduct the mediation. In the event settlement is not achieved after the one-day mediation, the matter will be submitted to binding, non-appealable arbitration conducted by a single arbitrator in a process that is not to exceed two weeks. Venue for any such arbitration shall be in San Diego County, California.
MANDATORY MEDIATION AND ARBITRATION. Except as otherwise prohibited by law, the Parties agree that any dispute, claim, or controversy arising out of the Parties' employment relationship, including, but not limited to, alleged violations of federal, state, or local statutes, including those prohibiting harassment and discrimination, and any other claims, including alleged violations of any provisions of the Education Code, which cannot be resolved through informal and confidential discussions, shall be submitted to mediation, and if mediation if unsuccessful, to binding arbitration before a neutral Arbitrator. The mediator and any necessary Arbitrator shall be selected through Judicial Arbitration & Mediation Services/Endispute (JAMS). Attachment "A" to this Agreement sets forth the procedures to be utilized and is hereby incorporated by reference into this Agreement as if fully set forth within. The Parties agree that they have carefully read Attachment "A," knowingly agree to all of its contents, and knowingly agree to the covenant to mediate and arbitrate all employment disputes contained in Attachment "A".
MANDATORY MEDIATION AND ARBITRATION. (i) Notwithstanding any other provision of this Agreement, all disputes, claims, or controversies arising out of or relating to this Agreement, or the negotiation, validity or performance hereof, that are not resolved by mutual agreement of the Parties first shall be submitted to a mandatory, non-binding mediation proceeding (“Mandatory Mediation”) held in Boston, Massachusetts, which Mandatory Mediation shall be conducted before a single mediator selected by Purchaser. The Parties covenant and agree that they will submit to and participate in such Mandatory Mediation in good faith prior to instituting arbitration pursuant to Section 12.11(f)(ii) with respect to any indemnification claim or other legal proceeding against any other Party. Unless otherwise agreed to by the Parties, all costs of the Mandatory Mediation shall be shared equally by the Sellers, on the one hand, and Purchaser, on the other. The “costs of the Mandatory Mediation” shall mean solely those fees and costs charged for the mediation proceeding and/or by the mediator.
MANDATORY MEDIATION AND ARBITRATION. If a dispute arises between Company and Executive concerning this Agreement, or in any way relating to Executive’s employment by the Company and/or the termination thereof, the disputed matter shall first be submitted to mandatory mediation, such mediation to be conducted in the City of San Francisco pursuant to the then-current rules of the Judicial Arbitration and Mediation Services (“JAMS”) by a mediator affiliated with JAMS, or by such other mediator as is mutually agreeable to the parties. If the mediation does not successfully resolve such dispute, then the dispute shall be submitted to mandatory, final, and binding arbitration in the City of San Francisco, California in accordance with the arbitration rules of the American Arbitration Association (“AAA Rules”). Any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitrators shall have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding instituted to resolve the disputed matter. The arbitrators shall apply the law of the State of California in making any determination hereunder. The parties hereby acknowledge and agree that final and binding arbitration shall be the sole and exclusive means of resolving any such dispute, that they waive all rights to a civil court action, and that the dispute shall be fully and finally resolved by the arbitrators and shall not be resolved by a jury or a court.
MANDATORY MEDIATION AND ARBITRATION. To the maximum extent permitted under applicable law, all claims arising from or related to this Agreement and the attachments to it, the recruitment for employment, the Conditional Offer of Employment, and Xxxxxxxx’x employment, compensation, or separation as XXXXXX’s CEO, including acts or omissions of the Boards or LACERA’s staff or representatives, any and all such claims or disputes between them shall be subject to mandatory pre- filing mediation in the County of Los Angeles before a mutually agreed upon mediator, who absent any other agreement of the parties, shall be a retired California state or federal judicial officer; the costs of the mediation shall be paid by XXXXXX. If following mediation, the claims of either party are not successfully resolved, any and all such claims and disputes between them, except claims that as a matter of law cannot be subject to arbitration, shall be subject to mandatory binding arbitration in the County of Los Angeles before a single mutually agreed upon arbitrator, who absent any other agreement of both parties, shall be a retired California state or federal judicial officer associated with the Los Angeles region of the Judicial Arbitration and Mediation Service (JAMS) and administered through JAMS pursuant to its Employment Arbitration Rules & Procedures and subject to JAMS Policy on Employment Arbitration Minimum Standards of Procedural Fairness. The costs of the arbitrator and arbitration service shall be paid by LACERA. The arbitrator’s award may be entered in any court having jurisdiction. [Initials of All Parties]
MANDATORY MEDIATION AND ARBITRATION. While the parties are dealing in good faith and hope that disputes can be avoided by open discussions, the parties hereby agree that any unresolved disputes arising out of this agreement shall be submitted to a certified mediator. If the parties still do not reach an agreement through mediation, the parties hereby agree to resolve such disputes through binding arbitration subject to the rules of the American Arbitration Association and prior to the commencement of any judicial lawsuit. The parties have the option to decide whether arbitration disputes shall be resolved by either a single arbitrator or by a group of three (3) arbitrators, in which case, the number will be determined as follows: each party will designate an arbitrator and both designated arbitrators shall impartially designate the odd third. Arbitration hearing shall begin no later than 4 (four) months after the arbitrator(s) selection. All testimonies, documents produced, and outcome of the arbitration will remain confidential. The breach of this confidentiality will give rise to an independent cause of action against the breachor. Arbitration outcomes shall be done in writing mentioning the rationale for his or her decision; however, parties will be allowed to seek provisional remedies from the courts, while arbitration is pending. The Arbitrator’s award shall be final, and judgment may be entered in any court with jurisdiction. The cost of mediation shall be borne equally by the parties. The cost of arbitration shall be borne by the parties as the arbitrator directs.
MANDATORY MEDIATION AND ARBITRATION
