Common use of Mediation and Litigation Clause in Contracts

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 . 14.2 The Mediator shall determine the rules and procedures by which the mediation shall be conducted save that: 14.2.1 each party shall be entitled to make a written statement of its case to the mediator prior to the commencement of the mediation provided that such statement shall be provided to the mediator not less than 14 days or such other period as may be agreed by the mediator before the mediation is to commence; and 14.2.2 within 14 days of the conclusion of the mediation the mediator shall provide a written report to the parties which report shall set out the nature of the dispute and the nature of its resolution if any. 14.3 The Mediator shall be entitled to be paid his reasonable fee which shall be paid in equal parts by the Parties. 14.4 Other than in respect of emergencies neither party shall be entitled to commence litigation procedures until the completion of the mediation in accordance with this clause. 14.5 Unless this Agreement has been terminated each party shall continue to perform its obligations under this Agreement notwithstanding the existence or subject of a Dispute.

Mediation and Litigation. 14.1 If any Dispute has not been resolved pursuant to the provisions of Clause 13.5 13.6 within fifteen twenty (1520) Working Days of the date on which it is referred for resolution under the said clause 13.513.6, that Dispute may be referred by either party Party to a mediator (the “Mediator”) to be agreed between the Parties and if no agreement is reached within ten (10) Working Days (or such longer period as the Parties may agree) a Mediator to be appointed by the Centre for Effective Dispute Resolution in England England. 14.2 The Mediator shall determine the rules and procedures by which the mediation shall be conducted save that: 14.2.1 each party Party shall be entitled to make a written statement of its case to the mediator Mediator prior to the commencement of the mediation provided that such statement shall be provided to the mediator Mediator and to the other Party not less than 14 20 days or such other period as may be agreed by the mediator Mediator before the mediation is to commence; and 14.2.2 within 14 days of the conclusion of the mediation the mediator Mediator shall provide a written report to the parties Parties which report shall set out the nature of the dispute and the nature of its resolution if any. 14.3 The Mediator shall be entitled to be paid his reasonable fee which shall be paid in equal parts by the Parties. 14.4 Other than in respect of emergencies neither party Party shall be entitled to commence litigation procedures until the completion of the mediation in accordance with this clauseclause if one of the Parties has chosen to refer the matter to a mediator in accordance with clause 14.1. 14.5 Unless this Agreement has been terminated each party Party shall continue to perform its obligations under this Agreement notwithstanding the existence or subject of a Dispute.