Mandatory Non-binding Mediation. With the exception of Sections 2.5-2.7 of this Agreement, if a dispute arises out of, or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through normal contract negotiations, prior to the initiation of any litigation, the Parties agree to attempt to settle the dispute in an amicable manner, using mandatory mediation under the Construction Industry Mediation Rules of the American Arbitration Association (AAA) or any other neutral organization agreed upon before having recourse in a court of law.
Mandatory Non-binding Mediation. If a dispute is not resolved pursuant to Section 9.2, the Parties agree to first endeavor to settle the dispute in an amicable manner, using mandatory non-binding mediation initiated and conducted under the applicable rules of the American Arbitration Association in effect as of the Effective Date or other rules agreed to in writing by the Parties, before having recourse in a court of law. Each Party shall bear its own legal expenses, and the expenses of witnesses for either side shall be paid by the Party producing such witnesses. All expenses of the mediator, including required travel, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the Parties, unless they agree otherwise. Any resultant agreements from mediation shall be documented in writing. All mediation proceedings, results, and documentation, including without limitation any materials prepared or submitted or any positions taken by or on behalf of either Party, shall be confidential and inadmissible for any purpose in any legal proceeding (pursuant to California Evidence Codes sections 1115 through 1128), unless such admission is otherwise agreed upon in writing by the Parties. Mediators shall not be subject to any subpoena or liability, and their actions shall not be subject to discovery. The mediation shall be completed within sixty (60) days after selection of the mediator, unless the Parties agree to extend the mediation period.
Mandatory Non-binding Mediation. Subject to Section x below, if the parties are unable to resolve the Dispute in accordance with Section i above, either party may initiate a mandatory, non-binding mediation in accordance with the London Court of International Arbitration (“LCIA”) Mediation Procedure then in effect. The LCIA Mediation Procedure is hereby incorporated by reference into this clause.
Mandatory Non-binding Mediation. In the event there is any material dispute between the Parties to this Agreement relating in any way to or arising out of this Agreement, the Parties must mediate such dispute before commencement of any legal action. For clarity, no Party to this Agreement can bring legal action against another Party to this Agreement without first participating in mediation, unless one Party refuses to submit to mediation and legal action is brought to specifically enforce this mandatory mediation provision of this Agreement. Mediation shall take place only in Columbia, South Carolina. If the Parties cannot agree upon the person to act as the mediator, then the American Arbitration Association of Charlotte, NC, shall select a person to act as the mediator. The mediator’s charges and expenses shall be split by the Parties on a 50/50 basis. The mediation fees and costs do not include each Party’s attorney fees and costs, nor any travel or other expenses of the Party, its attorneys or other representatives. Each Party shall be responsible for his or her own attorneys’ fees and costs at mediation. Those costs may not be assessed against the other Party if the other Party is the prevailing Party. If the dispute cannot be resolved at mediation either Party may then proceed to pursue litigation in accordance with subparagraph (j) of this Section.
Mandatory Non-binding Mediation. Subject to Section 20.5 below, if the Parties are unable to resolve the Dispute in accordance with Section 20.2 above, either Party may initiate a mandatory, non-binding mediation. If Registered Partner is located in the United States, such mediation shall be in accordance with the JAMS mediation procedures then in effect. The JAMS mediation procedures are hereby incorporated by reference into this clause. If Registered Partner is located outside the United States, such mediation shall be in accordance with the London Court of International Arbitration (“LCIA”) Mediation Procedure then in effect. The LCIA Mediation Procedure is hereby incorporated by reference into this clause. The Parties shall share all fees and costs of the mediation proceedings. All communications made during the course of the mediation by either of the Parties or the mediator are intended to be confidential and privileged to the extent permitted by law.
Mandatory Non-binding Mediation. Subject to Section x below, if the parties are unable to resolve the Dispute in accordance with Section i above, either party may initiate a mandatory, non-binding mediation. The mediation shall be in accordance with the JAMS mediation procedures then in effect. The JAMS mediation procedures are hereby incorporated by reference into this clause.
Mandatory Non-binding Mediation. If a dispute arises out of, or relates to this Franchise, or the breach thereof, and if said dispute cannot be settled through normal contract negotiations, the Parties agree to first endeavor to settle the dispute in an amicable manner, using mandatory mediation under the Mediation Rules of the American Arbitration Association or any other neutral organization agreed upon before seeking recourse in a court of law.
Mandatory Non-binding Mediation. All claims, disputes and other matters in controversy between the Consultant and the Client arising out of or pertaining to this Agreement, or the Consultant Services shall be submitted for resolution by non-binding mediation conducted under the auspices of the Judicial Arbitration and Mediation Services (“JAMS”) and the Commercial Mediation Rules of JAMS in effect at the time that a Demand For Mediation is filed. The commencement and completion of mediation proceedings pursuant to the foregoing is a condition precedent to either the Client or the Consultant commencing binding dispute proceedings.
Mandatory Non-binding Mediation. For disputes that have not been or cannot be submitted to external review, the disputed issue(s) must be submitted to mandatory non- binding mediation prior to seeking arbitration. Mandatory non-binding mediation must be requested within sixty (60) days following the date of Xxxxxxx’s decision on Provider’s last internal provider appeal. Where Provider is allowed to bypass the internal provider appeal process as provided herein, mandatory non-binding mediation must be requested within sixty (60) days from the last day Regence has to timely respond to a dispute. Provider and Regence shall each bear their own costs of mediation and shall split equally the costs of the third-party mediator.
Mandatory Non-binding Mediation. If a dispute arises among the Parties relating to or arising from a Party’s obligations under this Agreement that cannot be resolved through informal discussions and meetings, the Parties involved in the dispute shall first endeavor to settle the dispute in an amicable manner, using mandatory non-binding mediation under the rules of JAMS, AAA, or any other neutral organization agreed upon by the Parties before having recourse in a court of law. Mediation shall be commenced by sending a Notice of Demand for Mediation to the other Party or Parties to the dispute. A copy of the notice shall be sent to the City, all other Participating Agencies, and the Metro Commission.
