Common use of Mediation and Alternate Dispute Resolution Clause in Contracts

Mediation and Alternate Dispute Resolution. In the event any Dispute cannot be resolved in a friendly manner as set forth in Section 7.3(a), the parties intend that such Dispute be resolved by mediation (or some other mutually agreed upon alternative dispute resolution process (“ADR”)). If the Dispute Resolution Committee is unable to resolve the Dispute as contemplated by Section 7.3(a), either Manitowoc ParentCo or SpinCo may demand mediation of the Dispute by written notice to the other in which case the two parties will select a mediator within ten (10) days after the demand. Neither party may unreasonably withhold consent to the selection of the mediator. The use of any ADR procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either party. Each of Manitowoc ParentCo and SpinCo will bear its own costs of mediation or other form of ADR, but both parties will equally share the costs of the mediator (or other neutral).

Mediation and Alternate Dispute Resolution. In the event any Dispute cannot be resolved in a friendly manner as set forth in Section 7.3(a), the parties intend that such Dispute be resolved by mediation (or some other mutually agreed upon an alternative dispute resolution process (“ADR”))) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect. If the Dispute Resolution Steering Committee is unable to resolve the Dispute as contemplated by Section 7.3(a), either Manitowoc ParentCo Motorola or SpinCo may demand mediation of the Dispute by written notice to the other in which case the two parties will select a mediator within ten (10) 10 days after the demand. Neither party may unreasonably withhold consent to the selection of the mediator. The parties may agree to replace mediation with some other form of non-binding ADR such as neutral fact finding or mini-trial. The use of any ADR procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either party. Each of Manitowoc ParentCo Motorola and SpinCo will bear its own costs of mediation or other form of ADR, but both parties will equally share the costs of the mediator (or other neutral)arbiter equally.