Negotiating Challenges Sample Clauses

Negotiating Challenges. 4.4.1. The capacity of Indigenous parties In discussions about agreement-making between resource companies and Indigenous groups, the most frequently raised challenge is the capacity of Indigenous parties to effectively participate in the negotiation and implementation of agreements. A fundamental principle for any negotiation is that there needs to be a level playing field. Yet, Indigenous groups are some of the most disadvantaged people in society, and face significant challenges in terms of:  Education levels, which may affect ability to communicate effectively and comprehend the legal and technical details of mining projects and agreements  Poor health, which can affect participation of key individuals (especially senior Traditional Owners) in negotiation processesLack of ‘bridging’ social capital, characterised by the absence of social and economic networks with the broader community, reducing the opportunities to gain advice and support during negotiations  Strong ‘bonding’ social capital, which is characterised by strong internal solidarity within Indigenous kin groups and communities, but often acts to limit individuals’ opportunities to ‘break the mould’ and pursue alternative life courses such as employment and other forms of engagement in the mainstream economy  General lack of experience of engagement in the mainstream economy, leading to poor understanding of commerce and business. Leading practice: The Argyle agreement has simple English summaries throughout the detailed legal text of the agreement, making it easier to understand for non-lawyers. Read the agreement in full at xxx.xxxx.xxx.xx. The IBA Toolkit (2010, p.109) highlights the following challenges for Indigenous groups in approaching agreement-making:  A community has to come up to speed on a tremendous amount of technical information in a very short time.  People can feel excluded because they don’t understand the technical language that is used to describe the mining process and its potential impacts.  People may not have the capacity to cover all the issues that need to be reviewed.  The schedules that are created often force decisions on people, and they feel they have no power to change the timeframes for decision-making. There is commonly a difference between the timeframe that communities need to make informed decisions, and that of the developer and regulator.  Often information is brought to people without allowing for informed decisions to be made, so that when...
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Related to Negotiating Challenges

  • Initiating Negotiations A. Upon written request by the Association to the Board, or by the Board to the Association, after September 1 and no later than November 1, the Board and the Association will arrange for negotiation as provided for herein.

  • Challenges The Experts may be challenged by either Party if circumstances exist that give rise to justifiable doubts as to any of their impartiality or independence. In such circumstances the challenge shall be brought by written notice to the ICC copied to the other Party within fourteen (14) calendar days of the appointment of the relevant Expert or within fourteen (14) calendar days of the challenging Party becoming aware of the circumstances giving rise to the challenge. Unless the challenged Expert withdraws. or whichever of the Parties that has not brought the challenge agrees to the challenge, within fourteen (14) calendar days of the challenge, the ICC shall decide the challenge and, if appropriate, shall appoint a replacement Expert in accordance with the criteria set out herein.

  • Proposal Process a) The CO will issue a task order RFP to all prime contractors, unless a fair opportunity exception exists. The RFP will include a due date for proposal submission and either a Statement of Objectives SOO and/or PWS that will include a detailed description of work to be accomplished, a listing of the deliverables required and any additional data, as appropriate. The RFP will also include specific instructions for the submission of proposals. If oral proposals are to be used in lieu of or in conjunction with written proposals the RFP will specify such.

  • Negotiating Teams The Board, or designated representatives appointed to serve on its team, will meet with representatives designated by the Association for the purpose of establishing procedures for negotiating and reaching mutually satisfactory agreements. Each party's negotiating team shall consist of not more than five members.

  • Negotiating Team ‌ The Association shall be allowed the following maximum number of paid employees from each facility as a member of the Negotiating Team with the Agency assuming no overtime obligations as a result of employees’ attendance at such meetings:  SACU: one (1) per house and one (1) Outreach Nurse  Xxxxxxxxx Cottage: one (1) At the discretion of the Association, a reasonable number of unpaid employees may attend negotiation sessions as observers. Consultants may be employed by either party.

  • Negotiations At the written request of a Party, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising out of or relating to this Agreement. The Parties intend that these negotiations be conducted by non-lawyer, business representatives. The location, format, frequency, duration, and conclusion of these discussions shall be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, exempt from discovery, and shall not be admissible in the arbitration described below or in any lawsuit without the concurrence of all Parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise discoverable, be discovered or otherwise admissible, be admitted in evidence, in the arbitration or lawsuit.

  • Negotiation Process (a) If either the Chief Executive Officer of ICANN (“CEO”) or the Chairperson of the Registry Stakeholder Group (“Chair”) desires to discuss any revision(s) to this Agreement, the CEO or Chair, as applicable, shall provide written notice to the other person, which shall set forth in reasonable detail the proposed revisions to this Agreement (a “Negotiation Notice”). Notwithstanding the foregoing, neither the CEO nor the Chair may

  • Challenge If Executive violates or challenges the enforceability of any provisions of the Restrictive Covenants or this Release, no further payments, rights or benefits under Section 5 of the Agreement will be due to Executive (except where such provision would be prohibited by applicable law, rule or regulation).

  • Negotiating Committee The Hospital agrees to recognize a Negotiating Committee comprised of representatives of the Association for the purpose of negotiating a renewal agreement. The number of nurses on the Negotiating Committee is set out in the Appendix of Local Provisions. The Hospital agrees to pay members of the Negotiating Committee for time spent during regular working hours in negotiations with the Hospital for a renewal agreement up to, but not including, arbitration.

  • Amicable Resolution (a) Save where expressly stated to the contrary in this Agreement, any dispute, difference or controversy of whatever nature between the Parties, howsoever arising under, out of or in relation to this Agreement (the "Dispute") shall in the first instance be attempted to be resolved amicably in accordance with the procedure set forth in Clause 12.1 (b).

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