Non-Binding Arbitration. If the Parties are unable to negotiate a resolution to the dispute within ten (10) days of receipt of such notice, either party may request non-binding arbitration. The party making the request will notify the other party of the request in writing. Within one week of receipt of notice by the other party, the authorized representatives of the Parties will attempt to agree on an arbitrator. If they reach no agreement within one week after the first attempt to agree, they will request appointment of an arbitrator by the American Arbitration Association or such other organization as may be mutually agreed upon.
Non-Binding Arbitration. The Parties may agree to use nonbinding arbitration to resolve any Dispute arising under this Agreement. The arbitration shall be conducted by an arbitrator who must be a former judge of the Stanislaus County Superior Court, Appellate Justice of the Fifth District Court of Appeals, or Justice of the California Supreme Court. This arbitrator shall be selected by mutual agreement of the Parties.
Non-Binding Arbitration. 13 1. The impartial arbitrator shall be selected jointly by the Union and the District within ten 14 (10) days of receipt of the written request. In the event that the parties cannot agree, 15 the parties shall request a panel of five (5) names from the California State Conciliation 16 Service, the American Arbitration Association or some-like body. Alternate names shall 17 be stricken until only one name remains. The party to strike first shall be chosen by lot.
18 2. The fees and expenses of the arbitrator, and a court reporter, if required by the 19 arbitrator, shall be shared equally between the District and the Union. Any additional 20 expenses shall be borne by the party incurring such expenses. The fees and expenses of 21 the arbitrator, and court reporter, if required by the arbitrator, shall be paid by the 22 District if the Board of Trustees votes not to accept the recommendation.
23 3. The arbitrator shall have no authority to add to, delete, or alter any provisions of this 24 Agreement, but shall limit his/her decision to the application and interpretation of its 25 provisions. Any financial reimbursement recommended by the arbitrator shall be based 26 on the terms of this Agreement.
27 4. The arbitrator shall rule upon the arbitraribility of issues before hearing the merits of 28 the issues.
29 5. After hearing the evidence, the arbitrator shall submit his/her findings, conclusions, and 30 recommendations in writing to the District, the grievant, and the Union and such 31 recommendations shall be final unless an appeal is made by either party to Step 6-Board 32 of Trustees within ten (10) days.
33 a. Upon agreement of the Union and the District in writing, the entire matter may 34 be submitted to the arbitrator on the record established at Steps 1, 2, 3, and 4. 35 In the event this procedure is followed, the arbitrator shall take no testimony 36 other than that which is already on record and shall render a decision based on 37 the record.
Non-Binding Arbitration. In the event a dispute arises in connection with this Agreement, the parties hereto agree to submit the matter for resolution to non-binding arbitration or mediation before the American Arbitration Association offices in San Francisco, California. In the event either party is dissatisfied with the decision reached by the arbitrators or mediators, such party may pursue adjudication of the dispute in a court of law. Each party shall be responsible for his or its own attorneys' fees and costs, and the fees and costs of the arbitrator or mediator shall be paid equally by each party.
Non-Binding Arbitration. The Parties shall mutually agree on the selection of an arbiter at JAMS in San Francisco or other mutually agreed to Arbiter to serve for the purposes of this dispute. The arbiter appointed must meet the Arbiters’ Qualifications. The “Arbiters’ Qualifications” shall be defined as at least ten (10) years of experience in a real property professional capacity, such as a real estate appraiser, broker, real estate economist, or attorney, in the Bay Area. The disputing Party(ies) shall, within ten (10) business days after submittal of the dispute to non-binding arbitration, submit a brief with all supporting evidence to the arbiter with copies to all Parties. Evidence may include, but is not limited to, expert or consultant opinions, any form of graphic evidence, including photos, maps or graphs and any other evidence the Parties may choose to submit in their discretion to assist the arbiter in resolving the dispute. In either case, any interested Party may submit an additional brief within ten (10) business days after distribution of the initial brief. The arbiter thereafter shall hold a telephonic hearing and issue a decision in the matter promptly, but in any event within five (5) business days after the submittal of the last brief, unless the arbiter determines that further briefing is necessary, in which case the additional brief(s) addressing only those items or issues identified by the arbiter shall be submitted to the arbiter (with copies to all Parties) within five (5) business days after the arbiter’s request, and thereafter the arbiter shall hold a telephonic hearing and issue a decision promptly but in any event not sooner than two (2) business days after submission of such additional briefs, and no later than thirty-two
Non-Binding Arbitration a. It is the intent of the Parties to resolve the Dispute between them whenever possible by mutual and voluntary settlement rather than through any binding dispute resolution process. In support of this, the Parties acknowledge that, except as otherwise provided herein, if the Dispute cannot be settled through the Informal Resolution Procedures set forth in Section 19.6.3, the Parties agree first to submit their Dispute to non-binding arbitration as a condition precedent to filing litigation under Section 19.6.4.
Non-Binding Arbitration. (a) Any controversy or claim between the parties, including without limitation those arising out of or relating to this Agreement or any related agreements or instruments and those arising from any alleged tort, may be determined, subject to mutual agreement of the parties, by non-binding arbitration in accordance with the Federal Arbitration Act, the rules of practice and procedure for the arbitration of commercial disputes of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and the provisions of subsection (b) below. Arbitrability of any and all disputes shall be decided by the arbitrator. In the event of any inconsistency, the provisions of subsection (b) below shall control.
(b) Arbitration hereunder shall be conducted in the State of Delaware and administered by JAMS/Endispute, Inc., which shall appoint an arbitrator. If JAMS/Endispute, Inc. is unable or legally precluded from administering the arbitration, then the American Arbitration Association shall serve. All arbitration hearings will be commenced within ninety (90) days of the demand for arbitration, provided that the arbitrator shall only be permitted to extend the commencement of such hearing for an additional sixty (60) days, and only upon a showing of cause.
Non-Binding Arbitration. (a) It is the intent of the Parties to resolve the Dispute between them whenever possible by mutual and voluntary settlement rather than through any binding dispute resolution process. In support of this, the Parties acknowledge that, except as otherwise provided herein, if the Dispute cannot be settled through the Informal Resolution Procedures, the Parties agree first to submit their Dispute to non-binding arbitration as a condition precedent to filing litigation under Section 20.4.2. The Parties recognize that non-binding arbitration is a process to assist them in resolving their Disputes by making their own free and informed choices and that the arbitrator will have no authority to impose a binding award on any Party but only to issue an advisory decision. The non -binding award cannot be entered as a judgment in any court, except on mutual consent of the Parties, nor can it be cited as evidence or precedent with any preclusive effect in any court or other proceeding.
(b) A Party shall initiate the non-binding arbitration process by serving a written demand for arbitration on the other Party's designated agent. Unless otherwise indicated by written notice from one Party to the other Party, each Party's designated agent shall be its Dispute Representative. The arbitration demand shall contain a concise statement of the matters set forth in Section 20.3.1(a).
(c) The receiving Party shall respond to the demand for arbitration within ten (10) Business Days of receipt thereof.
(d) The Parties shall attempt in good faith to select an arbitrator to which they mutually agree within ten (10) Business Days of the notice of non-binding arbitration. If the Parties are unable to agree on an arbitrator, the Parties agree to select from the most current list of mediators as maintained by the Indiana Supreme Court Division of State Court Administration (the “List of Mediators”). In the event the Parties cannot agree, the arbitrator shall be selected through a striking process by which (i) each Party shall propose ten (10) names appearing on the List of Mediators, (ii) Provider shall strike two (2) names, followed by Commission striking two (2) names and thereafter each Party shall alternately strike two (2) additional names until eight (8) remain, and (iii) from such eight (8) remaining names Provider shall then strike one (1) name, followed by the Commission striking one (1) name and thereafter each Party shall alternately strike one (1) additional name until two (2...
Non-Binding Arbitration. Within ten (10) days or as soon as ----------------------- reasonably feasible after mediation is completed, any unresolved controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be referred to nonbinding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted as swiftly as is reasonably possible under the circumstances. The arbitration shall be conducted before one neutral arbitrator to be selected in accordance with the Commercial Rules of the American Arbitration Association and shall proceed under the Expedited Procedures of said Rules, irrespective of the amount in dispute. The arbitration shall be held in Ventura County, California, unless Seller and Purchaser mutually agree upon another place. In its award, the arbitral authority shall fix and apportion the costs of arbitration. Except as provided in Section 31.3 below, no lawsuit shall be filed prior to the entry of a written award by the arbitral authority. The award of the arbitral authority shall be non-binding upon Seller and Purchaser. However, if after forty-five (45) days from the date of the award, no party files a separate lawsuit in a court of competent jurisdiction to resolve the dispute, controversy or claim, the award will become final and non- appealable and the award may be enforced by any court having jurisdiction over the party against which the award has been rendered or where assets of the party against which the award has been rendered can be located.
Non-Binding Arbitration a. As to any Dispute that is not resolved by mediation in accordance with the procedures in Section 7.3, any Party may initiate non-binding arbitration with JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Procedures”) then currently in effect. Except to the extent inconsistent with this Agreement, the arbitration shall be conducted under the JAMS Procedures.
b. The arbitration shall be conducted by a panel of three arbitrators, one of whom shall be selected by the Complaining Party and one of whom shall be selected by the Responding Party within ten (10) days of the Commencement of the arbitration under JAMS Procedures, and the third to be selected by the Party-appointed arbitrators within ten (10) days of the second selection. If the party-nominated Arbitrators fail or are unable to timely select a mutually agreeable third Arbitrator, the third Arbitrator shall be selected and appointed within ten (10) days in accordance with JAMS Procedures. Any person who has served under the provisions of Section 7.3 or Section 7.5 of this Agreement with respect to the particular Dispute at issue shall be ineligible to serve as an Arbitrator under Section 7.4. The arbitrators shall hold an arbitration hearing within sixty (60) days of the appointment of the third arbitrator.
c. The place of arbitration shall be San Francisco, California, or such other place as the Parties may mutually agree in writing.
d. The Arbitrators shall issue a final arbitration award within fifteen (15) days of the arbitration hearing. The award shall include a written statement of the basis for the decision, including the facts and law supporting it. If the Arbitrators are not unanimous, the dissenting Arbitrator may in the award include a statement of the basis of disagreement. The award shall be confidential and subject to the provisions of Section 5.0 of this Agreement or the JAMS Procedures, whichever is more restrictive, shall be advisory to the Parties only, and shall not be admissible as evidence, or used in any manner or way in any litigation.
e. The Parties acknowledge and agree that a particular Dispute may involve a claim of irreparable injury for which there is no adequate remedy available at law and, in such event, in addition to any other remedies available, the Arbitrators shall have the authority to award specific performance and injunctive relief in an appropriate case. Any award of specific performance or injunctive relief shall be subje...
