Common use of PREVENTION AND RESOLUTION OF DISPUTES Clause in Contracts

PREVENTION AND RESOLUTION OF DISPUTES. 16.1 Any dispute as to the terms and conditions of this Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this Clause. 16.2 Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder. 16.3 The facilitator shall be the person named in TABLE I or any third party agreed by the Parties. The Facilitator shall have the power to nominate at his/her discretion, having consulted with the Parties another person with particularly relevant skills to act in their place as Facilitator. The Facilitator shall also have the power to consult such a person while acting as Facilitator. 16.4 The opinion or recommendation of the facilitator shall not be legally binding unless adopted by both parties and reduced to writing and recorded and signed as having being agreed between them. 16.5 Any dispute, which is not resolved by referring it by agreement to a Facilitator under clause 16 hereof, shall be referred in the first instance to conciliation in accordance with the provisions specified in the FOURTH SCHEDULE hereto before being referred to arbitration. 16.6 All disputes, which arise between the parties, and which have not been resolved by the intervention of the facilitator or under Clause 16.2 hereof, or by the conciliation process set out in the SECOND SCHEDULE hereto may be referred by either of the Parties or both to a single Arbitrator who shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 to 2010. 16.7 If the parties fail to agree on the choice of the Arbitrator, then the arbitrator shall be nominated by the President for the time being of the Law Society. 16.8 The Arbitrator shall have full power to dissolve this share farming agreement should he think fit. 16.9 Any decisions made by the Arbitrator shall be final and binding on all parties.

PREVENTION AND RESOLUTION OF DISPUTES. 16.1 14.1 Any dispute as to the terms and conditions of this Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this ClauseCondition. 16.2 14.2 Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder. 16.3 14.3 The facilitator Facilitator shall be the person named in TABLE I the First Schedule Clause 4 in this agreement or any third party agreed by the PartiesParties in writing. The Facilitator shall have the power to nominate at his/her discretion, having consulted with the Parties Parties, another person with particularly relevant skills to act in their place as Facilitator. The Facilitator shall also have the power to consult such a person while acting as Facilitator. 16.4 14.4 The opinion or recommendation of the facilitator shall not be legally binding unless adopted by both parties and reduced to writing and recorded and signed as having being agreed between them. 16.5 14.5 Any dispute, which is not resolved by referring it by agreement to a the Facilitator under clause 16 hereofas provided in this agreement, shall then be referred in the first instance to conciliation in accordance with the provisions specified in the FOURTH SCHEDULE hereto this agreement before being referred to arbitration. 16.6 14.6 All disputes, which arise between the parties, and which have not been resolved by the intervention of the facilitator or under Clause 16.2 Condition14.2 hereof, or by the conciliation process set out in the SECOND SCHEDULE below hereto may be referred by either of the Parties or both to a single Arbitrator who shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 to 2010. 16.7 14.7 If the parties fail to agree on the choice of the Arbitrator, then the arbitrator shall be nominated by the President for the time being of the Law Society. 16.8 14.8 The Arbitrator shall have full power to dissolve this share farming contract rearing agreement should he think fit. 16.9 . Any decisions made by the Arbitrator shall be final and binding on all parties.

PREVENTION AND RESOLUTION OF DISPUTES. 16.1 Any dispute as to the terms and conditions of this Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this Clause. 16.2 Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder.hereunder.‌ 16.3 The facilitator shall be the person named in TABLE I or any third party agreed by the Parties. The Facilitator shall have the power to nominate at his/her discretion, having consulted with the Parties another person with particularly relevant skills to act in their place as Facilitator. The Facilitator shall also have the power to consult such a person while acting as Facilitator.Facilitator.‌ 16.4 The opinion or recommendation of the facilitator shall not be legally binding unless adopted by both parties and reduced to writing and recorded and signed as having being agreed between them.them.‌ 16.5 Any dispute, which is not resolved by referring it by agreement to a Facilitator under clause 16 hereof, shall be referred in the first instance to conciliation in accordance with the provisions specified in the FOURTH SCHEDULE hereto before being referred to arbitration.arbitration.‌ 16.6 All disputes, which arise between the parties, and which have not been resolved by the intervention of the facilitator or under Clause 16.2 hereof, or by the conciliation process set out in the SECOND SCHEDULE hereto may be referred by either of the Parties or both to a single Arbitrator who shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 to 2010.2010.‌ 16.7 If the parties fail to agree on the choice of the Arbitrator, then the arbitrator shall be nominated by the President for the time being of the Law Society.Society.‌ 16.8 The Arbitrator shall have full power to dissolve this share farming agreement should he think fit.fit.‌ 16.9 Any decisions made by the Arbitrator shall be final and binding on all parties.parties.‌

PREVENTION AND RESOLUTION OF DISPUTES. 16.1 72.1 Any dispute as to the terms and conditions of this This Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this Clause. 16.2 72.2 Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder. 16.3 72.3 The facilitator shall be the person named in TABLE I Table 3 or any third party agreed by the Parties. The Facilitator shall have the power to nominate at his/her discretion, having consulted with the Parties another person with particularly relevant skills to act in their his/her place as Facilitator. The Facilitator shall also have the power to consult such a person while acting as Facilitator. 16.4 72.4 The opinion or recommendation of the facilitator Facilitator shall not be legally binding unless adopted by both parties and reduced to writing and recorded and signed as having being agreed between them. 16.5 72.5 Any dispute, which is not resolved by referring it by agreement to a Facilitator under clause 16 72.2 hereof, shall be referred in the first instance to conciliation in accordance with the provisions specified in the FOURTH THIRD SCHEDULE hereto before being referred to arbitration. 16.6 72.6 All disputes, which arise between the parties, and which have not been resolved by the intervention of the facilitator or under Clause 16.2 72.3 hereof, or by the conciliation process set out in the SECOND THIRD SCHEDULE hereto may be referred by either of the Parties or both to a single Arbitrator who shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 to 2010Xxx 0000. 16.7 72.7 If the parties fail to agree on the choice of the Arbitrator, then the arbitrator shall be nominated by the President for the time being of the Law SocietySociety on the written application of either party on three days’ notice to the other. 16.8 72.8 The Arbitrator shall have full power to dissolve this share farming agreement should he think fit. 16.9 72.9 Any decisions made by the Arbitrator shall be final and binding on all partiesparties in accordance with the law.

PREVENTION AND RESOLUTION OF DISPUTES. 16.1 13.1 Any dispute as to the terms and conditions of this Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this ClauseCondition. 16.2 13.2 Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder. 16.3 13.3 The facilitator Facilitator shall be the person named in TABLE I the First Schedule Clause 4 in this Agreement or any third party agreed by the PartiesParties in writing. The Facilitator shall have the power to nominate at his/her discretion, having consulted with the Parties Parties, another person with particularly relevant skills to act in their place as Facilitator. The Facilitator shall also have the power to consult such a person while acting as Facilitator. 16.4 13.4 The opinion or recommendation of the facilitator shall not be legally binding unless adopted by both parties and reduced to writing and recorded and signed as having being agreed between them. 16.5 13.5 Any dispute, which is not resolved by referring it by agreement Agreement to a the Facilitator under clause 16 hereofas provided in this Agreement, shall then be referred in the first instance to conciliation in accordance with the provisions specified in the FOURTH SCHEDULE hereto this Agreement before being referred to arbitration. 16.6 13.6 All disputes, which arise between the parties, and which have not been resolved by the intervention of the facilitator or under Clause 16.2 Condition 13.2 hereof, or by the conciliation process set out in the SECOND SCHEDULE below hereto may be referred by either of the Parties or both to a single Arbitrator who shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 to 2010. 16.7 13.7 If the parties fail to agree on the choice of the Arbitrator, then the arbitrator shall be nominated by the President for the time being of the Law Society. 16.8 13.8 The Arbitrator shall have full power to dissolve this share farming agreement contract rearing Agreement should he think fit. 16.9 . Any decisions made by the Arbitrator shall be final and binding on all parties. 13.9 This procedure shall apply to any conciliation requested under Condition 13.5 of the Agreement. 13.10 A party to the Agreement seeking conciliation shall notify the other party to that effect and shall at the same time specify the matter in dispute. 13.11 The parties shall agree on a conciliator, and failing agreement within 10 days of notice under Condition 13.2 hereto, either party may request the Facilitator referred to at Condition 13.3 of the Agreement to nominate a conciliator to conduct a conciliation procedure. 13.12 The conciliator shall require the parties to submit, in advance of the hearing, a brief written opening statement and appending the necessary documentation not later than 10 working days after his appointment. The parties shall at the same time notify the conciliator of the names of the persons appearing at the conciliation. 13.13 The conciliator shall within 10 working days after receipt of statements and documentation establish the order of the proceedings and shall arrange a convenient time, date and place for the hearing. 13.14 The conciliator may consider and discuss such solutions to the dispute as he thinks appropriate or as may be suggested by either party. All information given to the conciliator is confidential and shall remain so unless authorised by the party who supplied the information. 13.15 The conciliator may, having informed the parties, consult independent third-party experts. 13.16 The conciliator shall endeavour to commit the parties to reach a mutual settlement failing which he shall within 10 working days of the hearing, issue his recommendation. He shall not be required to give reasons. It shall remain confidential if rejected by either party. 13.17 If neither party rejects the recommendation within 10 working days after its issue, it shall be final and binding on the parties. If either party rejects the recommendation, a request for arbitration may be made under Condition 13.6 of this Agreement. 13.18 Each party to the conciliation shall pay their own costs. The parties shall be jointly and severally liable for the conciliator’s costs in equal shares, unless the conciliator decides otherwise. 13.19 Conciliations are settlement negotiations and are without prejudice to the rights of the disputants. All statements, information and material, made, given or exchanges, orally or in writing either during the conciliation or prior thereto or thereafter upon the request of the conciliator once made in circumstances where the parties agree that same are wholly privileged and are on a without prejudice basis shall be inadmissible in any legal proceedings, in court or arbitration, to the maximum extent permitted by law. Evidence, which is otherwise admissible in legal proceedings, shall not be rendered inadmissible as a result of its use in the conciliation. The parties in dispute agree not to summon or otherwise require the conciliator to appear or testify or produce records, notes or any other information or material in any legal proceedings, in court or arbitration, and no recordings or stenographic records will be made of the conciliation. 13.20 Any agreement reached by the parties in dispute through conciliation shall be set down in writing and duly executed by them or their authorised representative.

PREVENTION AND RESOLUTION OF DISPUTES. 16.1 Any dispute as to the terms and conditions of this Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this Clause. 16.2 . Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder. 16.3 . The facilitator shall be the person named in TABLE I or any third party agreed by the Parties. The Facilitator shall have the power to nominate at his/her discretion, having consulted with the Parties another person with particularly relevant skills to act in their place as Facilitator. The Facilitator shall also have the power to consult such a person while acting as Facilitator. 16.4 . The opinion or recommendation of the facilitator shall not be legally binding unless adopted by both parties and reduced to writing and recorded and signed as having being agreed between them. 16.5 . Any dispute, which is not resolved by referring it by agreement to a Facilitator under clause 16 hereof, shall be referred in the first instance to conciliation in accordance with the provisions specified in the FOURTH SCHEDULE hereto before being referred to arbitration. 16.6 . All disputes, which arise between the parties, and which have not been resolved by the intervention of the facilitator or under Clause 16.2 hereof, or by the conciliation process set out in the SECOND SCHEDULE hereto may be referred by either of the Parties or both to a single Arbitrator who shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 to 2010. 16.7 . If the parties fail to agree on the choice of the Arbitrator, then the arbitrator shall be nominated by the President for the time being of the Law Society. 16.8 . The Arbitrator shall have full power to dissolve this share farming agreement should he think fit. 16.9 . Any decisions made by the Arbitrator shall be final and binding on all parties.

PREVENTION AND RESOLUTION OF DISPUTES. 16.1 13.1 Any dispute as to the terms and conditions of this Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this ClauseCondition. 16.2 13.2 Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder. 16.3 13.3 The facilitator Facilitator shall be the person named in TABLE I the First Schedule Clause 4 in this agreement or any third party agreed by the PartiesParties in writing. The Facilitator shall have the power to nominate at his/her discretion, having consulted with the Parties Parties, another person with particularly relevant skills to act in their place as Facilitator. The Facilitator shall also have the power to consult such a person while acting as Facilitator. 16.4 13.4 The opinion or recommendation of the facilitator shall not be legally binding unless adopted by both parties and reduced to writing and recorded and signed as having being agreed between them. 16.5 13.5 Any dispute, which is not resolved by referring it by agreement to a the Facilitator under clause 16 hereofas provided in this agreement, shall then be referred in the first instance to conciliation in accordance with the provisions specified in the FOURTH SCHEDULE hereto this agreement before being referred to arbitration. 16.6 13.6 All disputes, which arise between the parties, and which have not been resolved by the intervention of the facilitator or under Clause 16.2 Condition 1 3.2 hereof, or by the conciliation process set out in the SECOND SCHEDULE below hereto may be referred by either of the Parties or both to a single Arbitrator who shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 to 2010. 16.7 13.7 If the parties fail to agree on the choice of the Arbitrator, then the arbitrator shall be nominated by the President for the time being of the Law Society. 16.8 13.8 The Arbitrator shall have full power to dissolve this share farming contract rearing agreement should he think fit. 16.9 . Any decisions made by the Arbitrator shall be final and binding on all parties. 14.1 This procedure shall apply to any conciliation requested under Condition 13.5 of the Agreement. 14.2 A party to the Agreement seeking conciliation shall notify the other party to that effect and shall at the same time specify the matter in dispute. 14.3 The parties shall agree on a conciliator, and failing agreement within 10 days of notice under Condition 14.1 hereto, either party may request the Facilitator referred to at Condition 13.3 of the Agreement to nominate a conciliator to conduct a conciliation procedure. 14.4 The conciliator shall require the parties to submit, in advance of the hearing, a brief written opening statement and appending the necessary documentation not later than 10 working days after his appointment. The parties shall at the same time notify the conciliator of the names of the persons appearing at the conciliation. 14.5 The conciliator shall within 10 working days after receipt of statements and documentation establish the order of the proceedings and shall arrange a convenient time, date and place for the hearing. 14.6 The conciliator may consider and discuss such solutions to the dispute as he thinks appropriate or as may be suggested by either party. All information given to the conciliator is confidential and shall remain so unless authorised by the party who supplied the information. 14.7 The conciliator may, having informed the parties, consult independent third party experts. 14.8 The conciliator shall endeavour to commit the parties to reach a mutual settlement failing which he shall within 10 working days of the hearing, issue his recommendation. He shall not be required to give reasons. It shall remain confidential if rejected by either party. 14.9 If neither party rejects the recommendation within 10 working days after its issue, it shall be final and binding on the parties. If either party rejects the recommendation, a request for arbitration may be made under Condition 13.6 of this Agreement. 14.10 Each party to the conciliation shall pay their own costs. The parties shall be jointly and severally liable for the costs in equal shares, unless the conciliator decides otherwise. 14.11 Conciliations are settlement negotiations and are without prejudice to the rights of the disputants. All statements, information and material, made, given or exchanges, orally or in writing either during the conciliation or prior thereto or thereafter upon the request of the conciliator once made in circumstances where the parties agree that same are wholly privileged and are on a without prejudice basis shall be inadmissible in any legal proceedings, in court or arbitration, to the maximum extent permitted by law. Evidence, which is otherwise admissible in legal proceedings, shall not be rendered inadmissible as a result of its use in the conciliation. The parties in dispute agree not to summon or otherwise require the conciliator to appear or testify or produce records, notes or any other information or material in any legal proceedings, in court or arbitration, and no recordings or stenographic records will be made of the conciliation. 14.12 Any agreement reached by the parties in dispute through conciliation shall be set down in writing and duly executed by them or their authorised representative.

PREVENTION AND RESOLUTION OF DISPUTES. 16.1 24.1 Any dispute as to the terms and conditions of this Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this ClauseCondition. 16.2 24.2 Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder. 16.3 24.3 The facilitator Facilitator shall be the person named in TABLE I Clause 8 of the First Schedule to this agreement or any third party agreed by the PartiesParties in writing. The Facilitator shall have the power to nominate at his/her discretion, having consulted with the Parties Parties, another person with particularly relevant skills to act in their place as Facilitator. The Facilitator shall also have the power to consult such a person while acting as Facilitator. 16.4 24.4 The opinion or recommendation of the facilitator Facilitator shall not be legally binding unless adopted by both parties and reduced to writing and recorded and signed as having being agreed between them. 16.5 24.5 Any dispute, dispute which is not resolved by referring it by agreement to a the Facilitator under clause 16 hereof, as provided in this agreement shall be referred in the first instance to conciliation in accordance with the provisions specified in the FOURTH SCHEDULE hereto this agreement before being referred to arbitration. 16.6 24.6 All disputes, disputes which arise between the parties, parties and which have not been resolved by the intervention of the facilitator or under Clause 16.2 Condition 24.2 hereof, or by the conciliation process set out in the SECOND SCHEDULE below hereto may be referred by either of the Parties or both party to a single Arbitrator who shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 to 2010Xxx 0000. 16.7 24.7 If the parties fail to agree on the choice of the Arbitrator, then the arbitrator shall be nominated by the President for the time being of the Law Society. 16.8 24.8 The Arbitrator shall have full power to dissolve this share farming cow leasing agreement should he think fit. 16.9 . Any decisions made by the Arbitrator shall be final and binding on all parties.

PREVENTION AND RESOLUTION OF DISPUTES. 16.1 12.1 Any dispute as to the terms and conditions of this Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this ClauseCondition. 16.2 12.2 Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder. 16.3 12.3 The facilitator Facilitator shall be the person named in TABLE I the First Schedule Clause 4 in this Agreement or any third party agreed by the PartiesParties in writing. The Facilitator shall have the power to nominate at his/her discretion, having consulted with the Parties Parties, another person with particularly relevant skills to act in their place as Facilitator. The Facilitator shall also have the power to consult such a person while acting as Facilitator. 16.4 12.4 The opinion or recommendation of the facilitator shall not be legally binding unless adopted by both parties and reduced to writing and recorded and signed as having being agreed between them. 16.5 12.5 Any dispute, which is not resolved by referring it by agreement Agreement to a the Facilitator under clause 16 hereofas provided in this Agreement, shall then be referred in the first instance to conciliation in accordance with the provisions specified in the FOURTH SCHEDULE hereto this Agreement before being referred to arbitration. 16.6 12.6 All disputes, which arise between the parties, and which have not been resolved by the intervention of the facilitator or under Clause 16.2 Condition 12.2 hereof, or by the conciliation process set out in the SECOND SCHEDULE below hereto may be referred by either of the Parties or both to a single Arbitrator who shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 to 2010. 16.7 12.7 If the parties fail to agree on the choice of the Arbitrator, then the arbitrator shall be nominated by the President for the time being of the Law Society. 16.8 12.8 The Arbitrator shall have full power to dissolve this share farming agreement contract rearing Agreement should he think fit. 16.9 . Any decisions made by the Arbitrator shall be final and binding on all parties. 12.9 This procedure shall apply to any conciliation requested under Condition 12.5 of the Agreement. 12.10 A party to the Agreement seeking conciliation shall notify the other party to that effect and shall at the same time specify the matter in dispute. 12.11 The parties shall agree on a conciliator, and failing agreement within 10 days of notice under Condition 12.2 hereto, either party may request the Facilitator referred to at Condition 12.3 of the Agreement to nominate a conciliator to conduct a conciliation procedure. 12.12 The conciliator shall require the parties to submit, in advance of the hearing, a brief written opening statement and appending the necessary documentation not later than 10 working days after his appointment. The parties shall at the same time notify the conciliator of the names of the persons appearing at the conciliation. 12.13 The conciliator shall within 10 working days after receipt of statements and documentation establish the order of the proceedings and shall arrange a convenient time, date and place for the hearing. 12.14 The conciliator may consider and discuss such solutions to the dispute as he thinks appropriate or as may be suggested by either party. All information given to the conciliator is confidential and shall remain so unless authorised by the party who supplied the information. 12.15 The conciliator may, having informed the parties, consult independent third-party experts. 12.16 The conciliator shall endeavour to commit the parties to reach a mutual settlement failing which he shall within 10 working days of the hearing, issue his recommendation. He shall not be required to give reasons. It shall remain confidential if rejected by either party. 12.17 If neither party rejects the recommendation within 10 working days after its issue, it shall be final and binding on the parties. If either party rejects the recommendation, a request for arbitration may be made under Condition 12.6 of this Agreement. 12.18 Each party to the conciliation shall pay their own costs. The parties shall be jointly and severally liable for the conciliator’s costs in equal shares, unless the conciliator decides otherwise.

PREVENTION AND RESOLUTION OF DISPUTES. 16.1 13.1 Any dispute as to the terms and conditions of this Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this ClauseCondition. 16.2 13.2 Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder. 16.3 13.3 The facilitator Facilitator shall be the person named in TABLE I the First Schedule Clause 4 in this agreement or any third party agreed by the PartiesParties in writing. The Facilitator shall have the power to nominate at his/her discretion, having consulted with the Parties Parties, another person with particularly relevant skills to act in their place as Facilitator. The Facilitator shall also have the power to consult such a person while acting as Facilitator. 16.4 13.4 The opinion or recommendation of the facilitator shall not be legally binding unless adopted by both parties and reduced to writing and recorded and signed as having being agreed between them. 16.5 13.5 Any dispute, which is not resolved by referring it by agreement to a the Facilitator under clause 16 hereofas provided in this agreement, shall then be referred in the first instance to conciliation in accordance with the provisions specified in the FOURTH SCHEDULE hereto this agreement before being referred to arbitration. 16.6 13.6 All disputes, which arise between the parties, and which have not been resolved by the intervention of the facilitator or under Clause 16.2 Condition 1 3.2 hereof, or by the conciliation process set out in the SECOND SCHEDULE below hereto may be referred by either of the Parties or both to a single Arbitrator who shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 to 2010. 16.7 13.7 If the parties fail to agree on the choice of the Arbitrator, then the arbitrator shall be nominated by the President for the time being of the Law Society. 16.8 13.8 The Arbitrator shall have full power to dissolve this share farming contract rearing agreement should he think fit. 16.9 . Any decisions made by the Arbitrator shall be final and binding on all parties. 14.1 This procedure shall apply to any conciliation requested under Condition 13.5 of the Agreement. 14.2 A party to the Agreement seeking conciliation shall notify the other party to that effect and shall at the same time specify the matter in dispute. 14.3 The parties shall agree on a conciliator, and failing agreement within 10 days of notice under Condition 14.1 hereto, either party may request the Facilitator referred to at Condition 13.3 of the Agreement to nominate a conciliator to conduct a conciliation procedure. 14.4 The conciliator shall require the parties to submit, in advance of the hearing, a brief written opening statement and appending the necessary documentation not later than 10 working days after his appointment. The parties shall at the same time notify the conciliator of the names of the persons appearing at the conciliation. 14.5 The conciliator shall within 10 working days after receipt of statements and documentation establish the order of the proceedings and shall arrange a convenient time, date and place for the hearing. 14.6 The conciliator may consider and discuss such solutions to the dispute as he thinks appropriate or as may be suggested by either party. All information given to the conciliator is confidential and shall remain so unless authorised by the party who supplied the information. 14.7 The conciliator may, having informed the parties, consult independent third party experts. 14.8 The conciliator shall endeavour to commit the parties to reach a mutual settlement failing which he shall within 10 working days of the hearing, issue his recommendation. He shall not be required to give reasons. It shall remain confidential if rejected by either party. 14.9 If neither party rejects the recommendation within 10 working days after its issue, it shall be final and binding on the parties. If either party rejects the recommendation, a request for arbitration may be made under Condition 13.6 of this Agreement. 14.10 Each party to the conciliation shall pay their own costs. The parties shall be jointly and severally liable for the conciliator’s costs in equal shares, unless the conciliator decides otherwise. 14.11 Conciliations are settlement negotiations and are without prejudice to the rights of the disputants. All statements, information and material, made, given or exchanges, orally or in writing either during the conciliation or prior thereto or thereafter upon the request of the conciliator once made in circumstances where the parties agree that same are wholly privileged and are on a without prejudice basis shall be inadmissible in any legal proceedings, in court or arbitration, to the maximum extent permitted by law. Evidence, which is otherwise admissible in legal proceedings, shall not be rendered inadmissible as a result of its use in the conciliation. The parties in dispute agree not to summon or otherwise require the conciliator to appear or testify or produce records, notes or any other information or material in any legal proceedings, in court or arbitration, and no recordings or stenographic records will be made of the conciliation. 14.12 Any agreement reached by the parties in dispute through conciliation shall be set down in writing and duly executed by them or their authorised representative.