Mediation Proceedings. A mediation meeting will normally include: (1) an introduction and opening prayer; (2) statements by each party clarifying the issues involved; (3) the presentation of each party's claims and defences, as well as an opportunity for the other party to respond; (4) questioning by the Mediator; (5) a discussion, sometimes in private at first, of each party's responsibility for the dispute; (6) counselling involving the application of relevant biblical principles;
Mediation Proceedings. All proceedings in connection with this mediation shall be subject to this Agreement, and applicable provisions of Michigan law, including MCR 2.411 and 2.412. The purpose of the mediation is to attempt to compromise, settle or resolve disputed claims between and/or among the parties. The Mediator’s role is to act as a neutral party for the purpose of assisting the parties to resolve their claims. During the course of the mediation, the Mediator is authorized to conduct joint and separate communications and/or meetings with the parties. The parties acknowledge that the Mediator is not acting as an attorney or advocate for any party and that any recommendations or statements by the Mediator do not constitute legal advice by the Mediator. The parties acknowledge that they have been advised to seek and are relying on the advice of their own counsel in connection with any settlement or other agreement. The Mediator is, however, authorized to provide an evaluation of each party’s case, if requested, and to make recommendations for settlement.
Mediation Proceedings. Neither party shall commence an arbitration proceeding pursuant to the provisions set forth below unless such party shall first give a written notice (a “Dispute Notice”) to the other party setting forth the nature of the Dispute. The parties shall attempt in good faith to resolve the Dispute by mediation under the CPR Institute for Dispute Resolution (“CPR”) Model Mediation Procedure for Business Disputes in effect on the Effective Date. If the parties cannot agree on the selection of a mediator within twenty (20) days after receipt of the Dispute Notice, the mediator will be selected in accordance with the CPR Procedure. The fees and expenses of the mediator shall be shared equally by the parties and advanced by them from time to time as required; provided that at the conclusion of the mediation (or if applicable the related arbitration), the mediator shall award reasonable costs and expenses to the prevailing party in the mediation (unless followed by related arbitration, in which case such mediation costs and expenses shall be treated as arbitration costs and expenses as set forth below). [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Mediation Proceedings. This is a voluntary, nonbinding mediation. All parties to this Agreement agree to participate in the mediation and will attend with one or more persons who have full settlement authority to resolve the dispute among the parties. All proceedings in connection with this mediation shall be subject to this Agreement and applicable provisions of Michigan law (including MCR 2.411 and MCR 2.412) to the extent not inconsistent herewith. The purpose of the mediation is to attempt to compromise, settle, or resolve disputed claims between the parties. The Mediator’s role is to act as a neutral party for the purpose of assisting the parties to resolve the claims. Prior to, during, and after the mediation, the Mediator is authorized to conduct joint and separate communications and/or meetings with the parties and/or their counsel and, at [his / her] discretion, to provide an evaluation of each party’s case, if requested, and to make recommendations for settlement. The parties acknowledge that the Mediator is not acting as an attorney or advocate for any party and any recommendations or statements by the Mediator do not constitute legal advice by the Mediator. The parties acknowledge they have been advised to seek and rely the advice of their own counsel in connection with any settlement or other agreement, including the review of any written Mediation Settlement Agreement by each participant’s independent counsel before execution.
Mediation Proceedings. The mediator will be selected by mutual agreement of the Cities. If the Cities cannot agree on a mediator, a mediator shall be designated by the American Arbitration Association. Any mediator so designated must be acceptable to the Cities. The mediation will be conducted in King County, Washington. Any City may terminate the mediation at any time. All communications during the mediation are confidential and shall be treated as settlement negotiations for the purpose of applicable rules of evidence, including Evidence Rule 408. However, evidence that is independently admissible shall not be rendered inadmissible by nature of its use during the mediation process. The mediator may not testify for either City in any subsequent legal proceeding related to the dispute. No recording or transcript shall be made of the mediation proceedings. The cost of any mediation proceedings shall be shared equally by the Cities. Any cost for a City’s legal representation during mediation shall be borne by the hiring City.
Mediation Proceedings. The mediation shall take place not later than thirty (30) days after selection of the mediator; during which, with the assistance and counseling of said mediator, the Parties shall, in good faith, attempt to resolve their dispute. Any remaining unresolved disputes or issues following completion of said mediation proceedings shall be set forth in writing and be subject to final and binding arbitration in the manner set forth in Section 9.2 below. Each Party to the mediation shall be responsible for their own costs and expenses. The costs of the mediation proceedings itself, and the fees and costs of the mediator, shall be shared equally by the Parties to the dispute. The Parties to the mediation shall be required to maintain the confidential nature of said proceedings.
Mediation Proceedings. Mediation is a voluntary, non-binding alternative to the legal process, unless the parties reach a subsequent written agreement pursuant to the mediation which may or may not be incorporated in or become a part of a court order. If the parties are unable to reach a written agreement as a result of mediation, no verbal agreements occurring during or resulting from the mediation are binding upon the parties. All proceedings in connection with the mediation shall be subject to this Agreement and applicable provisions of Montana law.
Mediation Proceedings. This is a voluntary, non-binding mediation. All parties to this Agreement agree to participate in the mediation in good faith and will attend with one (1) or more persons who have full settlement authority to resolve the dispute among the parties. All proceedings in connection with this mediation shall be subject to this Agreement, applicable provisions of Chapter 154 of the Texas Civil Practice and Remedies Code, applicable provisions of the Local Rules for the United States District Court for the Southern District of Texas (LR 16.4) and the “Rules For Mediation,” of which a copy is attached. The purpose of the mediation is to attempt to compromise, settle or resolve disputed claims between the parties. The Mediator’s role is to act as a neutral party for the purpose of assisting the parties to resolve said claims. Prior, during and after the course of the mediation, the Mediator is authorized to conduct joint and/or separate communications and/or meetings with the parties and/or their counsel. The parties acknowledge and agree that the Mediator is not acting as an attorney or advocate for any party in connection with the mediation and any statements by the Mediator do not constitute legal advice by the Mediator. The parties acknowledge they have been advised to seek and rely upon the advice of their own counsel in connection with any settlement or other agreement, including the review of any written mediation Settlement Agreement by each participant’s independent counsel, prior to signing.
Mediation Proceedings. A mediation meeting will normally include the following steps, although some variation may occur in this framework if the Mediator believes this will best serve the parties: • G reeting and ground rules o make introductions and agree how the parties will work together • O pening statements o each party is asked to briefly explain what he or she hopes will happen out of the mediation • S tory telling o each party will tell their story and hear the other party’s perspective • P roblem identification and clarification o clearly define central issues and interests • E xplore solutions o brainstorm options, evaluate them reasonably and objectively • L ead to agreement o encourage and document things that the parties agree on and what they will each do
Mediation Proceedings. 7.5.1. If the Mediator decides that the dispute shall proceed to Mediation, the other party shall within four (4) weeks of the Mediator notifying the parties of this decision, prepare and lodge a reply to the Referral to Mediation (the “Reply”) with the Mediator.
7.5.2. The parties shall, within fourteen (14) days of the appointment of the Mediator, or any such period as the parties may subsequently agree, meet or correspond with the Mediator to agree a programme for the exchange of any relevant information and documentation and the structure to be adopted for the Mediation.
7.5.3. The Mediation shall be held within four (4) weeks of the expiry of the deadline for receipt of the Reply, regardless of whether a Reply has been served.
7.5.4. The parties shall organise a suitable, mutually convenient venue and date for any meetings and for the Mediation and shall make any necessary arrangements for general administration in relation to the Mediation.
7.5.5. The Mediator shall, following consultation with the parties where appropriate:
7.5.5.1. Chair the Mediation;
7.5.5.2. Attend where appropriate meetings with either of the parties prior to the Mediation;
7.5.6. All proceedings relating to the Mediation shall be held in private.
7.5.7. Both parties shall be entitled to bring representation to the Mediation and shall provide the other party with prior notice of the identity of any representatives.
7.5.8. Unless both parties and the Mediator otherwise agree, every person involved in the Mediation shall keep confidential and not use for any other purpose all information (whether given orally, in writing or otherwise) arising out of, or in connection with, the Mediation, including the fact of any outcome, decision or recommendation and its terms, save for the fact that the Mediation is to take place or has taken place.
7.5.9. All information (whether oral, in writing or otherwise) arising out of, or in connection with, the Mediation shall be without prejudice, privileged and inadmissible as evidence or disclosable in any current or subsequent dispute resolution, litigation or any proceedings whatsoever. This does not apply to any information which would in any event have been admissible or disclosable in any such proceedings.
7.5.10. None of the parties will call the Mediator to act as a witness, consultant or expert in any litigation or proceedings whatsoever arising from, or in connection with, the matters at issue in the Mediation.
