Common use of Negotiation; Mediation Clause in Contracts

Negotiation; Mediation. The Parties will promptly attempt to resolve any issue, dispute, or controversy arising out of or relating to this Agreement among themselves through good-faith informal negotiation. If initial negotiation does not resolve the dispute, each Party will escalate to the executive sponsor of this agreement (for LinkedIn, the Vice President of Sales) to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through such negotiation, they will participate in mediation before an agreed mediator from Judicial Arbitration and Mediation Services (“JAMS”). Either Party may initiate mediation by providing a written request for mediation, which describes the dispute and the requested relief, to the other Party and to JAMS. The Parties will cooperate with JAMS and with one another in selecting a mediator from a JAMS panel of neutrals and in scheduling the mediation proceedings. The mediation will take place at a JAMS facility in Northern California, USA and will be scheduled within thirty (30) business days after the request. The Parties will participate in the mediation in good faith. Each Party will bear its own expenses in mediation but will share all fees to JAMS equally. Nothing contained in this section shall be construed to preclude any party from seeking injunctive relief pursuant to this Agreement in order to protect its rights pending mediation.

Negotiation; Mediation. The Parties will promptly attempt to resolve any issue, dispute, or controversy arising out of or relating to this Agreement among themselves through good-faith informal negotiation. If initial negotiation does not resolve the dispute, each Party will escalate to the executive sponsor of this agreement (for LinkedIn, the Vice President of Sales) to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through such negotiation, they will participate in mediation before an agreed mediator from Judicial Arbitration and Mediation Services (“"JAMS”"). Either Party may initiate mediation by providing a written request for mediation, which describes the dispute and the requested relief, to the other Party and to JAMS. The Parties will cooperate with JAMS and with one another in selecting a mediator from a JAMS panel of neutrals and in scheduling the mediation proceedings. The mediation will take place at a JAMS facility in Northern California, USA and will be scheduled within thirty (30) business days after the request. The Parties will participate in the mediation in good faith. Each Party will bear its own expenses in mediation but will share all fees to JAMS equally. Nothing contained in this section shall be construed to preclude any party from seeking injunctive relief pursuant to this Agreement in order to protect its rights pending mediation.