Nonbinding Mediation. In the event that any dispute or claim arising out of or related to this License is not settled by the parties within fifteen (15) days after the first meeting of the second tier negotiating teams under Section 13.1 hereof, the parties will attempt in good faith to resolve such dispute or claim by nonbinding mediation in accordance with the American Arbitration Association Commercial Mediation Rules. The mediation shall be held within thirty (30) days of the end of such fifteen (15) day negotiation period of the second tier negotiating teams. Except as provided below in Section 13.3, no litigation for the resolution of such dispute may be commenced until the parties try in good faith to settle the dispute by such mediation in accordance with such rules, and either party has concluded in good faith that amicable resolution through continued mediation of the matter does not appear likely. The costs of mediation shall be shared equally by the parties to the mediation. Any settlement reached by mediation shall be recorded in writing, signed by the parties, and shall be binding on them.
Nonbinding Mediation. If efforts at informal resolution fail, disputes arising under this Agreement must first be submitted for non-binding mediation before a neutral third party. Mediation shall be conducted and administered by the American Arbitration Association (AAA) under its Employment Mediation Rules, which are incorporated into this procedure by reference. Such mediation shall be conducted on a confidential basis.
Nonbinding Mediation. If Licensee or Licensor elects to refer a Dispute to the parties’ Chief Executive Officers pursuant to Section 5.3, and the Chief Executive Officers are unable to resolve the Dispute within thirty (30) days after such election, either Licensee or Licensor may elect to refer the Dispute to nonbinding mediation conducted in the English language in New York, New York, using a neutral mediator having experience with the data storage industry and trademark licenses, in accordance with the rules of the Center for Public Resources (with costs shared equally). A Dispute shall be deemed to be so referred upon either such party providing the other party with written notice that it wishes to refer the Dispute to mediation in accordance with Section 10.9. If no such notice is provided, the dispute resolution process hereunder as to the Dispute in question will be deemed complete. If such notice is provided, both parties shall request that the mediation be completed as promptly as practical and shall cooperate in moving the mediation process promptly forward, but the mediation shall, in any event, be deemed completed sixty (60) days after the request to refer the Dispute to mediation.
Nonbinding Mediation. A party may initiate mediation by giving notice to the other party. Mediation will be nonbinding and before the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) under the then effective JAMS Rules of Practice and Procedure. The mediation shall take place in Santa Xxxxx County, California, regardless which party initiates the mediation. The parties shall attempt to reach agreement on the appointment of a mediator. If they cannot so agree, the mediator shall be appointed by JAMS and pursuant to JAMS Rules of Practice and Procedure. The mediator will be a former judge of a federal or state court. The mediation shall be completed within sixty (60) days of its initiation, unless the parties otherwise agree. The parties will bear their own costs and expenses for participating in mediation under this Section 7.2.3, including, without limitation, attorney’s fees, and shall shares equally the mediator’s fees and expenses.
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Nonbinding Mediation. Any dispute, controversy or Claim between Buyer and Seller arising out of or relating to this Agreement or any of the Ancillary Agreements which cannot be mutually resolved by Buyer and Seller may be submitted by either Buyer or Seller for nonbinding mediation by the Mediator (as defined below).
Nonbinding Mediation. If Provider is dissatisfied with GRBH-ASO’s final resolution of a contract dispute or if GRBH-ASO fails to grant or reject Provider’s request for review of a contract dispute within thirty (30) days after it is made, Provider may submit the contract dispute to nonbinding mediation pursuant to Chapter 7.07 of the Revised Code of Washington. Nonbinding mediation shall not be utilized to adjudicate matters that primarily involve review of Provider’s professional competence or professional conduct, and shall not be available as a mechanism for appeal of any determinations made as to such matters.
Nonbinding Mediation. If Provider and FCHN, in the case of dispute between them, or Provider and Payor, in the case of a dispute between them, have not resolved a dispute within thirty (30) days following the initial meeting described above, the dispute shall be submitted to nonbinding mediation. Promptly after the end of such thirty (30) day period, the parties to the dispute will confer and appoint a mutually acceptable mediator who is not regularly under contract to or employed by either of such parties. If the parties are unable to agree upon the selection of a mediator within five (5) days, they shall jointly petition to the Presiding Judge of a state court of competent jurisdiction to appoint a mediator who satisfies the same qualifications. Mediation shall be conducted pursuant to the mediation rules and procedures of the mediator as consistent with applicable state law, or according to any other rules of mediation agreed to by the parties. Following selection, the mediator shall schedule a mediation conference with the parties, the duration of which shall be one
(1) day, or such longer period as the parties to the dispute may agree. Unless otherwise agreed, the mediation conference shall be held within twenty (20) days after appointment of the mediator. The place of mediation shall be a location mutually agreed upon by the parties to the dispute; however, if the parties cannot agree, the mediation will be held in Seattle, Washington. The fees and expenses of the mediator shall be borne equally by the parties to the dispute. Each party shall be responsible for its own costs and expenses incurred in connection with the mediation.
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Nonbinding Mediation. A party may initiate mediation by giving notice to the other party. Mediation will be nonbinding and before the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) under the then effective JAMS Rules of Practice and Procedure. The mediation shall take place in Phoenix, Arizona, regardless of which party initiates the mediation. The parties shall attempt to reach agreement on the appointment of a mediator. If they cannot so agree, the mediator shall be appointed by JAMS and pursuant to JAMS Rules of Practice and Procedure. The mediation shall be completed within sixty (60) days of its initiation, unless the parties otherwise agree. Each party will bear its own costs and expenses for participating in mediation including, without limitation, attorneys’ fees, and an equal share of the mediator’s fees and expenses.
