Common use of Pre-Arbitration Notice of Dispute and Informal Settlement Conference Clause in Contracts

Pre-Arbitration Notice of Dispute and Informal Settlement Conference. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Frontier should be addressed to: Frontier Communications, Legal Department, 000 Xxxxxxx 0, Norwalk, CT 06851 (“Notice Address”). The Notice must include, at minimum: (1) your name, mailing address, telephone number at which you can be reached, and e-mail address (if any); (2) your Frontier account number; (3) a description of the nature and basis of the claim or dispute; (4) an explanation of the specific relief sought; (5) your signature; and (6) if you have retained an attorney, your signed statement authorizing Frontier to disclose your confidential account records to your attorney if necessary in resolving your claim. A Notice is not complete until all of the information required by (1)-(6) has been received by the other party (“Notice Completion Date”). After the Notice Completion Date, either party may request a conference within 60 days to discuss informal resolution of the dispute (“Informal Settlement Conference”). If timely requested, the Informal Settlement Conference will take place at a mutually agreeable time by telephone or videoconference. You and a Frontier company representative must both personally participate in a good-faith effort to settle the dispute without the need to proceed with arbitration. Any counsel representing you or Frontier also may participate. The requirement of personal participation in an Informal Settlement Conference may be waived only if both you and Frontier agree in writing. The Notice and Informal Settlement Conference requirements are essential in order to give you and us a meaningful opportunity to resolve disputes informally. Any applicable statute of limitations will be tolled for the claims and relief set forth in a Notice during the “Informal Resolution Period,” which is defined as the period between the Notice Completion Date and he later of (i) 60 days after the Notice Completion Date; or (ii) if an Informal Settlement Conference is timely requested, 30 days after the request is withdrawn or the Informal Settlement Conference is completed.