Common use of Notice and Informal Dispute Resolution Conference Clause in Contracts

Notice and Informal Dispute Resolution Conference. Prior to initiating a Claim, a party must give written Claim Notice describing the basis of the Claim and the amount the party would accept in resolution of the Claim. If you are bringing a Claim, the Claim Notice must be sent to us by certified mail, return receipt requested, at: Optum Financial, Inc. Attn: General Counsel 00000 Xxxxx Xxxxxx Xxxx Xxxxxxx, XX 00000 Copy via Email: xxxxx.xxxxxxxxx.xxxxx.xxxxxx@xxxxx.xxx If we are bringing a Claim, we will send the Claim Notice to you by certified mail, return receipt requested, at the physical address associated with your account, with a copy via email to the email address associated with your account, if any. Any party with a Claim must engage in good-faith efforts to resolve the Claim before initiating arbitration. The parties agree that, before either party demands or attempts to commence arbitration against the other, the parties will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any Claim covered by this agreement to arbitrate (“Informal Dispute Resolution Conference”). Any Informal Dispute Resolution Conference must be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same Informal Dispute Resolution Conference, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The Informal Dispute Resolution Conference shall occur within 60 days after the other party receives a Claim Notice, unless an extension is mutually agreed upon by the parties. In the interval between the Claim Notice and the Informal Dispute Resolution Conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an Informal Dispute Resolution Conference is a mandatory requirement that must be fulfilled before commencing arbitration. The arbitrator shall dismiss any arbitration filed without full and complete compliance with these Informal Dispute Resolution procedures. If an arbitration is dismissed because a party failed to comply with these Informal Dispute Resolution procedures, the parties agree that the party that failed to comply shall be responsible for paying any arbitration filing fees and costs incurred by the other party. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution process required by this paragraph.