Common use of Negotiations Mediation and Arbitration Process Clause in Contracts

Negotiations Mediation and Arbitration Process. 12.2.1 The Parties select a “Negotiations Arbitrator” from the Panel, as listed in Appendix E, within 30 calendar days of a written request under Article 12.1.1. 12.2.2 The expenses of the Negotiations Arbitrator are borne equally by the Parties. 12.2.3 With the Parties’ consent, the Negotiations Arbitrator may attempt to assist the Parties to reach a mutually acceptable renewal Agreement through Mediation. 12.2.4 If either Party does not consent to Mediation, or if the Parties fail to reach a mutually acceptable renewal Agreement through Mediation, the Negotiations Arbitrator shall hold a hearing. The Negotiations Arbitrator shall determine the manner of proceeding at the hearing but the Parties shall be entitled to present evidence and arguments with respect to any issues which remain in dispute between them. 12.2.5 Within 30 calendar days of the conclusion of the hearing, the Negotiations Arbitrator shall by order resolve the issues in dispute between the Parties. The order of the Negotiations Arbitrator is final and binding upon the Parties, and the Parties shall execute minutes of settlement for a renewal Agreement based on the order. The Negotiations Arbitrator shall remain seized with respect to the drafting of minutes of settlement. 12.2.6 The Negotiations Arbitrator has the duties and powers of an interest arbitrator or board of arbitration under section 40 of the Labour Relations Act, 1995 and the powers of an arbitrator under the Arbitration Act.

Appears in 7 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement

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Negotiations Mediation and Arbitration Process. 12.2.1 The Parties select a “Negotiations Arbitrator” from the Panel, as listed in Appendix E, within 30 calendar days of a written request under Article 12.1.1. 12.2.2 The expenses of the Negotiations Arbitrator are borne equally by the Parties. 12.2.3 With the Parties’ consent, the Negotiations Arbitrator may attempt to assist the Parties to reach a mutually acceptable renewal Agreement through Mediation. 12.2.4 If either Party does not consent to Mediation, or if the Parties fail to reach a mutually acceptable renewal Agreement through Mediation, the Negotiations Arbitrator shall hold a hearing. The Negotiations Arbitrator shall determine the manner of proceeding at the hearing but the Parties shall be entitled to present evidence and arguments with respect to any issues which remain in dispute between them. 12.2.5 Within 30 calendar days of the conclusion of the hearing, the Negotiations Arbitrator shall by order resolve the issues in dispute between the Parties. The order of the Negotiations Arbitrator is final and binding upon the Parties, and the Parties shall execute minutes of settlement for a renewal Agreement based on the order. The Negotiations Arbitrator shall remain seized with respect to the drafting of minutes of settlement.remain 12.2.6 The Negotiations Arbitrator has the duties and powers of an interest arbitrator or board of arbitration under section 40 of the Labour Relations Act, 1995 and the powers of an arbitrator under the Arbitration Act.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

Negotiations Mediation and Arbitration Process. 12.2.1 The Parties select a “Negotiations Arbitrator” from the Panel, Panel as listed in Appendix E, within 30 calendar days of a written request under Article 12.1.1. 12.2.2 The expenses of the Negotiations Arbitrator are borne equally by the Parties. 12.2.3 With the Parties’ consent, the Negotiations Arbitrator may attempt to assist the Parties to reach a mutually acceptable renewal Agreement through Mediation. 12.2.4 If either Party does not consent to Mediation, or if the Parties fail to reach a mutually acceptable renewal Agreement through Mediation, the Negotiations Arbitrator shall hold a hearing. The Negotiations Arbitrator shall determine the manner of proceeding at the hearing but the Parties shall be entitled to present evidence and arguments with respect to any issues which remain in dispute between them. 12.2.5 Within 30 calendar days of the conclusion of the hearing, the Negotiations Arbitrator shall by order resolve the issues in dispute between the Parties. The order of the Negotiations Arbitrator is final and binding upon the Parties, and the Parties shall execute minutes of settlement for a renewal Agreement based on the order. The Negotiations Arbitrator shall remain seized with respect to the drafting of minutes of settlement. 12.2.6 The Negotiations Arbitrator has the duties and powers of an interest arbitrator or board of arbitration under section 40 of the Labour Relations Act, 1995 and the powers of an arbitrator under the Arbitration Act.

Appears in 1 contract

Samples: Memorandum of Agreement

Negotiations Mediation and Arbitration Process. 12.2.1 The Parties select a “Negotiations Arbitrator” from the Panel, Panel as listed in Appendix E, within 30 calendar days of a written request under Article 12.1.1. 12.2.2 The expenses of the Negotiations Arbitrator are borne equally by the Parties. 12.2.3 With the Parties' consent, the Negotiations Arbitrator may attempt to assist the Parties to reach a mutually acceptable renewal Agreement through Mediation. 12.2.4 If either Party does not consent to Mediation, or if the Parties fail to reach a mutually acceptable renewal Agreement through Mediation, the Negotiations Arbitrator shall hold a hearing. The Negotiations Arbitrator shall determine the manner of proceeding at the hearing but the Parties shall be entitled to present evidence and arguments with respect to any issues which remain in dispute between them. 12.2.5 Within 30 calendar days of the conclusion of the hearing, the Negotiations Arbitrator shall by order resolve the issues in dispute between the Parties. The order of the Negotiations Arbitrator is final and binding upon the Parties, and the Parties shall execute minutes of settlement for a renewal Agreement based on the order. The Negotiations Arbitrator shall remain seized with respect to the drafting of minutes of settlement. 12.2.6 The Negotiations Arbitrator has the duties and powers of an interest arbitrator or board of arbitration under section 40 of the Labour Relations Act, 1995 and the powers of an arbitrator under the Arbitration Act.

Appears in 1 contract

Samples: Memorandum of Agreement

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Negotiations Mediation and Arbitration Process. 12.2.1 The Parties select a “Negotiations Arbitrator” from the Panel, as listed in Appendix E, within 30 calendar days of a written request under Article 12.1.1.in 12.2.2 The expenses of the Negotiations Arbitrator are borne equally by the Parties. 12.2.3 With the Parties’ consent, the Negotiations Arbitrator may attempt to assist the Parties to reach a mutually acceptable renewal Agreement through Mediation. 12.2.4 If either Party does not consent to Mediation, or if the Parties fail to reach a mutually acceptable renewal Agreement through Mediation, the Negotiations Arbitrator shall hold a hearing. The Negotiations Arbitrator shall determine the manner of proceeding at the hearing but the Parties shall be entitled to present evidence and arguments with respect to any issues which remain in dispute between them. 12.2.5 Within 30 calendar days of the conclusion of the hearing, the Negotiations Arbitrator shall by order resolve the issues in dispute between the Parties. The order of the Negotiations Arbitrator is final and binding upon the Parties, and the Parties shall execute minutes of settlement for a renewal Agreement based on the order. The Negotiations Arbitrator shall remain seized with respect to the drafting of minutes of settlement. 12.2.6 The Negotiations Arbitrator has the duties and powers of an interest arbitrator or board of arbitration under section 40 of the Labour Relations Act, 1995 and the powers of an arbitrator under the Arbitration Act, 1991.

Appears in 1 contract

Samples: Memorandum of Agreement

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