Mediation Dispute Resolution. By mutual agreement, a grievance may be referred to a Dispute Resolution Mediator at any time during the grievance or arbitration process. The parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the parties.
Mediation Dispute Resolution. In the event that the Parties disagree upon the terms of this Settlement Agreement or as to any matter concerning the administration of this Class Action Settlement, the Parties and the relevant Released Parties agree to use their best efforts to amicably resolve the dispute and to participate in mediation before an agreed upon mediator prior to seeking relief from the Court.
Mediation Dispute Resolution. 8.1. If any dispute arises in connection with this Agreement, CMi2i and the Subscriber will attempt to settle it by mediation in accordance with the Centre for Effective dispute Resolution (CEDR) Model Mediation Procedure. The mediation will start, unless otherwise agreed between the parties within 28 days of one party issuing a request to mediate to the other.
8.2. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR within 14 days of notice of the dispute.
8.3. The mediation will take place in London and the language of the mediation will be English. If there is any point on the logistical arrangements of the mediation, other than nomination of the mediator, upon which the parties cannot agree within 14 days from the notice of the dispute, where appropriate, in conjunction with the mediator, CEDR will be requested to decide that point for the parties having consulted with them.
8.4. Any agreement reached through mediation shall be governed by, and construed and take effect in accordance with, the substantive law of England and Wales.
8.5. If the dispute is not settled by mediation within 14 days of commencement of the mediation or within such further period as the parties may agree in writing, either party may issue court proceedings, subject to the courts of England having exclusive jurisdiction to settle any such dispute or claim (including non-contractual disputes or claims).
Mediation Dispute Resolution. 21.1 Should any dispute arise between the parties to this Agreement it is agreed that such dispute will be submitted to a mediator prior to any arbitration or litigation, and the parties hereby expressly agree that no claim or dispute arising under the terms of this Agreement shall be resolved other than first through mediation and, only in the event said mediation efforts fail, through litigation or binding arbitration. The parties shall exercise good faith efforts to select a mediator who shall be compensated equally by both parties. Mediation will be conducted in the City of St. Xxxxxx, unless both parties agree in writing otherwise. If arbitration is selected by the parties, the parties shall exercise good faith efforts to select an arbitrator who shall be compensated equally by both parties. Venue for any arbitration shall be the City of St. Helens. Venue for any litigation shall be the Circuit Court for Columbia County.
Mediation Dispute Resolution. (a) At the request of either party in writing, the following mediation process will be used as a means to resolve any grievance that has proceeded through the steps of the Grievance procedure outlined in Article 9.
(b) The intent of this process is to provide a neutral party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties.
(c) The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fees of the mediator.
(d) The mediation session will be attended by a maximum of three (3) representatives from the Union (including the grievor), the OPSEU/SEFPO staff representative and regional management. The persons attending should be a familiar with the content of the grievance and have the authority to enact a resolution. The above is conditional on maintaining registered staffing requirements.
(e) Once written notice is given, to mediate a grievance the mediation session shall commence within forty (40) calendar days. If the appointed mediator is unavailable within forty (40) days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this forty (40) day period then they shall appoint a substitute to attend.
(f) Provided the parties agree there shall be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Every reasonable effort will be made by both parties to exchange relevant information at least three (3) business days prior to the mediation date.
(g) Any concessions, discussions, evidence submitted or offers to settle the grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter not be resolved.
(h) The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. An employee shall be paid her normal rate of pay.
(i) Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of the mediation session may be submitted to arbitration or withdrawn. The parties may mutually agree to refer a grievance to a mediator before proceeding to arbitration. The selection of a mediator will be agreed to and costs shall...
Mediation Dispute Resolution. 10.1 The Parties to this MOU agree that should any dispute arise through any aspect of this relationship, including, but not limited to, any matters, disputes or claims, the parties shall confer in good faith to promptly resolve any dispute. In the event that the parties are unable to resolve the issue or dispute between them, then the matter shall be mediated in an attempt to resolve any and all issues between the parties.
10.2 The parties agree that any dispute that arises from or through this agreement, the relationship or obligations contemplated or outlined within this agreement, if not resolved through mediation, the aggrieved party shall have, as a sole and exclusive remedy, the right to cancel the agreement by issuing notice thereof on the terms as provided for in this Agreement.
Mediation Dispute Resolution. Following receipt of all objections to a name application and the applicant association request for a hearing, the National Association shall provide the applicant association and objecting association(s) with notice and instructions on requesting NAR sponsored mediation. Mediation is voluntary and is available only at the request of all parties to the dispute. Mediation is strongly encouraged as a means of resolving disputes involving association names. If mediation is utilized, a mediator shall be selected from a pool of former or current members of the Membership Policy and Board Jurisdiction Committee identified by the Chair who have completed NAR’s Mediator/Mediation Training Seminar or similar mediation training. A mutually convenient time shall be established for the mediation. Mediation will be conducted using video conferencing services. This does not preclude associations from continuing efforts locally or through their state association to resolve the dispute. The parties to a name change dispute may settle the issue between them by agreement at any time. Note: To access a list of available mediators go to: xxxx://xxxxxxx.xxx/xxxxxxxx.xxx/mediatename?Openview If the resolution involves a new name which is substantively different than the name which was originally submitted for approval, the new name must be re-noticed and processed pursuant to these procedures.
Mediation Dispute Resolution. The Parties to this MOU agree that should any dispute arise to any aspect of this relationship, including, but not limited to, any matters, disputes or claims arising in relation to this MOU, the Parties shall confer in good faith to promptly resolve any dispute. In the event that the parties are unable to resolve the issue or dispute between them through such conferences, then the matter shall be referred to the Xxxx of ETSU’s College of Nursing or the ETSU Vice President for Health Affairs. NOTICE Any notice or communication required or permitted under this MOU shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to : East Tennessee State University College of Nursing ATTN: Xx. Xxxxxxxx Xxxxxxx Box 70617, 000 Xxxxx Xxxxx Johnson City, TN 37614 Overmountain Recovery ATTN: Xx. Xxxxx Xxxxx 000 X Xxxxx xx Xxxxxxxx Xx, Johnson City, TN 37604 GOVERNING LAW
Mediation Dispute Resolution. The parties to this Agreement shall attempt in good faith to settle any dispute, controversy or claim arising out of or relating to this Agreement or the other Transaction Agreements, or any breach thereof, including any claim that this Agreement or the other Transaction Agreements, or any part hereof or thereof, is invalid, illegal or otherwise voidable or void ("Dispute"), before the commencement of arbitration proceedings, by mediation in Boston, Massachusetts, in accordance with the International Institute for Conflict Prevention & Resolution ("CPR Institute") Mediation Procedure then currently in effect. Unless the parties agree otherwise, the mediator will be selected from the CPR Panels of Distinguished Neutrals or the JAMS Panel of Mediators. If the Dispute is not resolved within sixty (60) days of the written request for mediation, there are no further obligations to mediate.
Mediation Dispute Resolution. The references to “Transaction Agreements” in the first sentence of Section 6.15 be and hereby are deleted in their entirety and the following is inserted in lieu thereof: “this Agreement, the Amended Investors’ Rights Agreement, the Amended Right of First Refusal and Co-Sale Agreement and the Amended Voting Agreement, each as amended and/or restated from time to time.”
