Mediation and Litigation. 14.1 If any Dispute has not been resolved pursuant to the provisions of Clause 13.5 within fifteen (15) Working Days of the date on which it is referred for resolution under the said clause 13.5, that Dispute may be referred by either party to a mediator (the “Mediator”) to be appointed by the Centre for Effective Dispute Resolution in England .
Mediation and Litigation. If good faith efforts by the parties to this Agreement fail to resolve a dispute, each party hereby agrees that they shall submit such unresolved dispute to binding arbitration by a mediator recognized by the Florida Bar Association. Both Owner and Broker agree to waive the right to demand a jury trial concerning any litigation between Owner and Broker.
Mediation and Litigation. Claims, disputes or other matter in question between parties to this Agreement shall be first subject to pre-suit mediation prior to the filing of any legal claims or litigation. Pre-suit mediation is a condition precedent to litigation. The obligation to mediate is a material and essential provision of this Agreement. Unless otherwise agreed in writing, CDP shall continue providing the Services hereunder during any mediation or litigation, Either party may initiate a mediation proceeding by submitting a request in writing to the other party within a reasonable time after the claim, dispute or other matter in question has arisen, but in no event after the application statute of limitations has expired. The parties shall endeavor in good faith to mutually agree upon an acceptable mediator. In the event the parties have not agreed upon a mediator within 30 days of the request for mediation, CDP shall select a mediator. Each party is to bear its own fees, costs and expenses, of said mediation. In the event that mediation is unsuccessful, all claims, disputes or other matters in question shall be resolved in State Circuit or District Courts of Franklin County, Kentucky, and the prevailing party shall be entitled to recover its attorney’s fees incurred in said litigation.
Mediation and Litigation. SECTION 9 – GENERAL ..............................................................................................................................
Mediation and Litigation. 29.1 If any Dispute has not been resolved pursuant to the provisions of Clause 28.5 within fifteen
Mediation and Litigation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion thereof remains in dispute, MTS shall provide the Contractor with a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any portion of the claim that remains in dispute shall be submitted to nonbinding mediation. The selection of the mediator shall be in accordance with Public Contract Code section 9204 and MTS and the Contractor shall equally share the associated mediator fees. Each party will be responsible for its own attorney’s fees and other costs. Tort Claim Procedures In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against MTS Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against MTS.
Mediation and Litigation. XO and Customer agree to use the dispute resolution procedures set forth in this Article 10.2 in situations where Customer’s annual spend is greater than sixty-thousand dollars ($60,000).
Mediation and Litigation. Should any dispute arise out of this Lease, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs. Attempts to reach a mediated settlement of disputes shall be completed within thirty (30) days. The requirement for mediation shall not apply to unlawful detainer actions. If litigation is filed regarding any dispute arise under this Lease, the action shall be filed in San Mateo County Superior Court and the court may award reasonable attorney’s fees and costs to the prevailing party.
Mediation and Litigation. 7.1 If a dispute, claim, or other matter in controversy arises out of or relates to this Agreement, or to the Project, and if it cannot be resolved through negotiation, then, within ten (10) days of written notice from one party to the other, Architect and Owner agree to proceed with formal mediation pursuant to paragraph 7.2 below, and to attempt in good faith to settle the dispute, claim or other matter in controversy through formal mediation, before resorting and as a condition precedent to litigation.
Mediation and Litigation. § 7.1.1 All claims, disputes or other matters in question between the parties to this Agr relating to the Contract, or the breach thereof, shall be decided by resort to litigation in t ared for the Project by ent, arising out of or ity of San Francisco, State of California. No claim, dispute or other matter in question between the parties to this Agreement, arising out of this Agreement or the breach thereof, shall be submitted to arbitration except upon the subsequent, mutual and written agreement of the parties. However, the parties agree that no dispute between the Owner and Architect involving an amount in controversy greater than $10,000.00 may be litigated or arbitrated unless and until the parties have first submitted the dispute to non-binding mediation pursuant to any of the following: the Construction Industry Mediation Rules of the American Arbitration Association, JAMS, or any individual mediator, as agreed to by the parties. In the event that one of the parties is not participating in, or is unnecessarily delaying, the mediation process, the other party may immediately pursue litigation to enforce the mediation requirement. After a demand for mediation has been made, the parties shall make good faith efforts to agree on a mediator and a process for mediation. In the event that the parties cannot agree on a mediator and a process for mediation within sixty (60) days after the demand for mediation, the mediation shall be administered by the American Arbitration Association JAMS, or any individual mediator, as agreed to by the parties. The site of the mediation shall be in the City of San Francisco, California, unless otherwise agreed to by the parties.
