Mediation; Litigation. Unless the parties mutually agree to arbitrate a Major Dispute, prior to either party commencing litigation, the parties shall attempt to mediate such dispute. Accordingly, except as provided in Sections 12.2(d) or 13.1, no civil action with respect to any dispute or disagreement arising out of or relating to this Lease shall be commenced until the matter has been submitted to JAMS, or its successor, for mediation. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties shall cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of mediators, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties; provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process. Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if the parties so desire. The provisions of this clause may be enforced by any court of competent jurisdiction, and the prevailing party shall be entitled to an award of all costs, fees and expenses, including attorney’s fees, to be paid by the party against whom enforcement is ordered.
Mediation; Litigation. If any dispute arises between the parties to this Agreement, the dispute will be submitted to mediation prior to any litigation. No claim or dispute arising under this Agreement may proceed to litigation if the parties have not first mediated that claim or dispute. Mediation will be conducted in Forest Grove, Oregon. The parties will attempt to select a mediator within 30 days of a party’s request for mediation. If the parties fail to agree on a mediator, a mediator will be appointed by the presiding judge of the Washington County Circuit Court upon a party’s request. The mediator’s fees and expenses will be shared equally by the parties. Each party will bear its own attorney fees. Any litigation arising out of or related to this Agreement will be tried in the court without a jury. Each party will bear its own fees, costs and expenses related to any litigation, including attorney fees.
Mediation; Litigation. If any dispute arises between the parties to this Agreement, the dispute will be submitted to mediation prior to any litigation. No claim or dispute arising under this Agreement may proceed to litigation if the parties have not first mediated that claim or dispute. Mediation will be conducted in Xxxxxx Xxxxx, Xxxxxx. The parties will attempt to select a mediator within 30 days of a party’s request for mediation. If the parties fail to agree on a mediator, a mediator will be appointed by the presiding judge of the Washington County Circuit Court upon a party’s request. The mediator’s fees and expenses will be shared equally by the parties. Each party will bear its own attorney fees. Any litigation arising out of or related to this Agreement will be tried to the court without a jury. Each party will bear its own fees, costs and expenses related to any litigation, including attorney fees.
Mediation; Litigation. (a) All disputes shall, after initial decision by the Neutral or forty-five (45) days after submission of the dispute for initial decision unless otherwise agreed, be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable or other binding dispute resolution proceedings by either Party.
(b) Unless the parties mutually agree otherwise, mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect at the time of the mediation. Request for mediation shall be filed in writing with Owner's Representative and RURCBOG at the respective addresses provided for notices under this Agreement, and with the American Arbitration Association. The request may be made concurrently with the filing of legal or equitable proceedings but, in such event, mediation shall proceed in advance thereof. All such further proceedings shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.
(c) The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Camden County, New Jersey, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
(d) Disputes arising under this Agreement that are not resolved by mediation as provided herein shall be resolved exclusively by proceedings in the Superior Court of New Jersey, venued in Camden County, to be determined by the Court sitting without a jury, unless both parties agree to arbitrate the dispute, in which case the arbitration rules of the American Arbitration Association shall apply.
Mediation; Litigation. If a dispute arises from or relates to this Agreement or the breach thereof (other than a dispute related to Exhibit A), whether of law or fact, of any nature whatsoever, and such dispute cannot be settled through direct discussions between the parties, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to litigation. The parties agree that the mediator shall be a person who is, or has served as, a senior vice president of an insurance company for at least five (5) years. Mediation shall take place in the Denver, Colorado metropolitan area. If the dispute cannot be resolved within ninety (90) days of the initiation thereof by either party, either party may initiate litigation in accordance with the jurisdiction and venue provisions of Section 12.12 of this Agreement.
Mediation; Litigation. If the matter has not been resolved within 30 days of the meeting of the senior executives, the Parties will attempt in good faith to resolve the controversy or claim by mediation. If the parties cannot agree on the timing or procedure of the mediation or the mediator within 30 days after the meeting of the senior executives, either party shall have the right to seek any legal remedies available to the aggrieved party. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original.
Mediation; Litigation. In the event of a dispute under this Lease, either Party, by written notice, can demand mediation, and, in such event, the Parties agree to mediate any dispute in good faith and on an expedited basis. In the event neither Party demands mediation, or in the event the Parties are unable to resolve the dispute after good faith mediation, the Parties agree to pursue litigation expeditiously and without undue delay.
Mediation; Litigation. In the event that there is a dispute hereunder which the parties cannot resolve between themselves, the parties agree that there shall be a forty-five (45) day moratorium on litigation during which time the parties agree to attempt to settle the dispute by nonbinding mediation before commencement of litigation. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by GLENDALE and PHOENIX. In the event that the parties cannot agree upon the selection of a mediator within seven (7) days, then within three (3) days thereafter, GLENDALE and PHOENIX shall request the presiding judge of the Superior Court in and for Maricopa County to appoint an independent mediator. The cost of any such mediation shall be divided equally between GLENDALE and PHOENIX. The results of the mediation shall be nonbinding on the parties, and any party shall be free to initiate litigation subsequent to the moratorium. Both parties hereby waive any right to a jury trial which they may otherwise have in the event of litigation arising out of this Agreement or the subject matter thereof and consent to a trial to the court.
Mediation; Litigation. Should the procedure outlined in Section 14.1 not bring about a resolution of the dispute, then within 30 days following the meeting of principals, the party first sending the notice shall initiate a voluntary, nonbinding mediation conducted by a mutually-agreed mediator. Should the parties for any reason be unable or unwilling to agree upon a mediator, they shall request J-A-M-S/Endispute in New York, NY, to appoint a capable mediator for them in accordance with the commercial mediation rules of such organization. The Parties shall bear equally all costs and expenses (including any attorneys' fees) of this mediation and endeavor in good faith to resolve their differences. While this mediation shall be nonbinding in all respects (i.e., any agreement must be accepted by each party), each party agrees that:
Mediation; Litigation. Should the procedure outlined in Section 14.1 not bring about a resolution of the dispute, then within 30 days following the meeting of principals, the party first sending the notice shall initiate a voluntary, nonbinding mediation conducted by a mutually-agreed mediator. Should the parties for any reason be unable or unwilling to agree upon a mediator, they shall request J-A-M-S/Endispute in New York, NY, to appoint a capable mediator for them in accordance with the commercial mediation rules of such organization. The Parties shall bear equally all costs and expenses (including any attorneys' fees) of this mediation and endeavor in good faith to resolve their differences. While this mediation shall be nonbinding in all respects (i.e., any agreement must be accepted by each party), each party agrees that:
(a) It shall appear when directed by the mediator, be fully prepared to work towards a resolution of the dispute, and participate in good faith in the mediation towards a resolution of all disputed issues or concerns;
(b) The duty to mediate in good faith under this Agreement shall be specifically enforceable by the courts of Delaware; and
(c) Should a court in litigation stemming from the same general dispute or disagreement among the parties determine that either did not participate in good faith in the mediation process hereunder, then such party shall be liable for the other party's attorneys' fees in the resulting litigation, up to $100,000.
(d) In the event that the parties are unable to resolve any outstanding disagreement or dispute as provided above, then, as a last resort, either party may commence Litigation; provided, however, that it must do so in the court (state or federal, provided the court selected has subject matter jurisdiction) as agreed pursuant to Section 14.14 hereof.
