Pre-Mediation Sample Clauses

Pre-Mediation. Owner and Contractor agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Agreement or the breach thereof (’disputes"), to resolution by the Senior Officers of the Owner and Contractor prior to either of them initiating against the other a demand for or as otherwise litigation mutually agreed to by Owner and Contractor, unless delay in initiating such action would irrevocably prejudice one of the parties. (The term "Senior Officer" shall mean with respect to the Owner and Contractor, the respective party’s chief executive officer, president, managing partner, partner, chief financial officer, chief operating officer, Superintendent, or Assistant Superintendent).
Sample 1
AutoNDA by SimpleDocs
Pre-Mediation. The Parties shall make a good faith effort to resolve any dispute or claim by negotiation between representatives with decision making power. If resolution does not result, the PFD and the Club shall then attempt to resolve the dispute through a conference of the Chair of the PFD Board and the Club Chief Executive Officer or President. The procedures utilized for the conference shall include the exchange of written claims and responses, with supporting information, at least seven (7) days prior to the conference or such shorter period as agreed to by the Parties. The positions expressed, responses and submitted information shall not be admissible as evidence in any subsequent arbitration or legal proceeding.
Sample 1

Related to Pre-Mediation

  • Grievance Mediation a) At any stage in the grievance procedure, the parties by mutual consent in writing may elect to resolve the grievance by using grievance mediation. The parties shall agree on the individual to be the mediator and the time frame in which a resolution is to be reached.

  • Mandatory Mediation Prior to and as a condition of either Party’s filing suit in state or federal court, the Parties shall engage in a mediated settlement conference in accordance with the North Carolina Superior Court Rules Implementing Statewide Mediation. The Parties shall mediate in good faith until settlement is reached or an impasse is declared by the mediator.

  • Dispute Resolution/Mediation (a) Either party may commence the dispute resolution process of this Section 8.2 by giving the other party written notice (a “Dispute Notice”) of any controversy, claim or dispute of whatever nature arising out of or relating to or in connection with this Agreement, any Ancillary Agreement or the breach, termination, enforceability or validity thereof (a “Dispute”) which has not been resolved in the normal course of business or as provided in the relevant Ancillary Agreement. The parties shall attempt in good faith to resolve any Dispute by negotiation between executives of each party (“Senior Party Representatives”) who have authority to settle the Dispute and, unless discussions between the parties are already at a senior management level, who are at a higher level of management than the Persons who have direct responsibility for the administration of this Agreement or the relevant Ancillary Agreement. Within fifteen (15) days after delivery of the Dispute Notice, the receiving party shall submit to the other a written response (the “Response”). The Dispute Notice and the Response shall include (i) a statement setting forth the position of the party giving such notice and a summary of arguments supporting such position and (ii) the name and title of such party’s Senior Party Representative and any other Persons who will accompany the Senior Party Representative at the meeting at which the parties will attempt to settle the Dispute. Within thirty (30) days after the delivery of the Dispute Notice, the Senior Party Representatives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. The parties shall cooperate in good faith with respect to any reasonable requests for exchanges of Information regarding the Dispute or a Response thereto.

  • Mediation Service The Mediation Service is a free and independent service available through MBIE. This service helps to resolve employment relationship problems and generally to promote the smooth conduct of employment relationships. Mediation is a mutual problem solving process, with the aim of reaching an agreement, assisted by an independent third party. If the parties can’t reach a settlement they can ask the mediator, in writing, to make a final and binding decision. A settlement reached through mediation and signed by the mediator at the request of the parties is final, binding and enforceable. Neither party can then take the matter any further and either party can be made to comply with the agreed settlement by court order. If the problem is unresolved through mediation either party may apply to have the matter dealt with by the Employment Relations Authority.

  • Optional Mediation The Parties may mutually agree to non-binding mediation:

  • Voluntary Mediation a) The central parties may, on mutual agreement, request the assistance of a mediator.

  • Mediation Services If we are unable to resolve the problem, then either party can contact the Department of Labour Mediation Service (a government department) for free assistance. The mediator will try to help us resolve the problem, but won’t make a decision as to who is right or wrong unless both parties want this.

  • Termination of Mediation The mediation shall be terminated:

  • Mediation In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions:

  • Conduct of mediation In consultation with the mediator, the parties will determine a location, timetable and procedure for the mediation or, if the parties cannot agree on these matters within 7 Working Days of the appointment of the mediator these matters will be determined by the mediator.

Time is Money Join Law Insider Premium to draft better contracts faster.