Referral to Mediation. If, within 20 Business Days of the Dispute Notice being given, the senior representatives fail to resolve the Dispute by joint discussions, then, a Party may, by notice in writing to the other (Mediation Notice), refer a Dispute to mediation in accordance with this clause 16.
Referral to Mediation. (a) If a Dispute is referred to mediation under clause 15.2(c), the parties agree to jointly appoint a mediator to settle the Dispute.
(b) Each of the parties agrees to co-operate fully with the mediator, and to act in good faith and use its best endeavours in an effort to resolve the Dispute.
(c) A party must not commence legal proceedings unless the mediator has provided a statement in writing to the effect that it is no longer productive to continue with the mediation.
Referral to Mediation. If a Dispute is not resolved within the time specified in clause 13.2(c) above, the Dispute must be referred to mediation in accordance with the Mediation Rules of the Institute of Arbitrators and Mediators Australia (“IAMA”) to:
(a) a mediator agreed to by the Parties, or if the Parties do not agree on a mediator, a mediator nominated by the Chair of the Western Australian Chapter of IAMA (or his or her delegate); and
(b) both Parties will use their best efforts to resolve the Dispute within the thirty (30) day period after the appointment of a mediator (or, if the Parties agree to a longer period, that longer period).
Referral to Mediation. If after exhausting the steps of the grievance procedure of this agreement, a difference arising between the Parties remains, the parties may mutually agree to a mediation process. Compensation and expenses of the mediator will be borne equally by the Parties of the agreement. Any matters discussed at mediation will be without precedent and prejudice. If mediation is not successful, the matter will be referred to the next available arbitration date under 13.06.
Referral to Mediation. The CEO and the Chairperson of the PBC will try to agree upon a mediator for the dispute, but if they cannot agree then the Chairperson of Resolution Institute (a WA dispute resolution organisation) will appoint a mediator. The CEO and the Chairperson of the PBC shall engage in mediation in good faith and aim to reach a resolution. Any information disclosed by the CEO and the Chairperson of the PBC for the mediation must be kept confidential and may only be used to attempt to resolve the dispute. The CEO and the Chairperson of the PBC shall equally pay the costs of the mediator. If they can’t resolve the dispute by mediation within 20 days of the appointment of a mediator, then either of them may refer the dispute to the Minister for his decision.
(a) The CEO and the Chairperson of the PBC will try to agree a mediator, who shall be a member of a recognised professional mediation group, to mediate the Dispute.
(b) If within ten (10) Business Days after a decision to refer the matter to a mediator under clause 12.2(b)(2), the CEO and t h e C h a i r p e r s o n o f the PBC cannot agree on a mediator, either party may request that Resolution Institute appoint a mediator.
(c) The CEO and the Chairperson of the PBC shall engage in the mediation process in good faith and with the aim of reaching a resolution of the Dispute.
(d) The role of the mediator is to assist in negotiating a resolution of the Dispute, during or following which the CEO and the Chairperson of the PBC may decide the Dispute.
(e) Any information or documents disclosed by the CEO or the Chairperson of the PBC under this clause must be kept confidential and may only be used to attempt to resolve the Dispute.
(f) The CEO and the Chairperson of the PBC shall pay their own costs of complying with this clause and shall equally pay the costs of a mediator.
(g) If the CEO and the Chairperson of the PBC fail to resolve the Dispute by mediation within twenty (20) Business Days of the appointment of a mediator, or such further time as they may agree, either of them may refer the Dispute to the Minister under clause 12.4.
Referral to Mediation. (a) If, 30 days after the date the dispute arises, the Parties fail to settle the dispute, then either Party may serve a dispute notice on the other Party ("Dispute Notice"), requiring the other Party to attempt to settle the dispute in accordance with this clause 24.2.
(b) If a Party serves a Dispute Notice on another Party, then the Party may require the other Party to attempt to settle the dispute at mediation, with a mediator chosen by both of them. If they cannot agree on the identity of the mediator or the location and date and time of the mediation, the Parties will request the President for the time being of the Law Society of Victoria to nominate a mediator and the location and date and time of the mediation.
(c) The cost of the mediator and the mediation (apart from each Party’s legal costs) will be borne equally between the Parties to the dispute.
Referral to Mediation. If the matters raised in the Notice of Non-Compliance are not resolved within 45 days of the initial meet and confer, the Parties will arrange for the matter to be resolved through mediation within 90 days of the initial meet and confer. The parties agree to appoint Xxxx Xxxxxxxx as the mediator under this Agreement. In the event that Xxxx Xxxxxxxx is unable or unwilling to serve in this role during the term of this Agreement, the Parties will agree to appoint a mutually-agreed upon, neutral subject matter expert who is not employed by and does not contract with Defendants to serve as the mediator. The Responding Party may at any time take the remedial action sought by the Initiating Party in its Notice of Non-Compliance to cure the alleged violation, in which case no mediation will occur.
Referral to Mediation. (a) The CEO and the Corporation’s CEO shall endeavour to agree a mediator, who is a member of a recognised professional mediation group, to mediate the Dispute.
(b) If within 10 Business Days after a referral under clause 10.1(c) or 10.1
Referral to Mediation. (a) Subject to Clause 27.1(a), unless otherwise agreed in writing by the parties, any dispute which has not been settled between the parties must be submitted to mediation.
(b) A dispute submitted to mediation must be dealt with in the following manner:
(i) The parties in dispute agree to endeavour in good faith, to settle the dispute, by mediation administered by a Qualified Alternative Dispute Resolution Provider, to be agreed between the parties in dispute, or in the absence of agreement, to be appointed by the Australian Commercial Disputes Centre (ACDC), before having recourse to litigation.
(ii) The mediation must be conducted in accordance with the ACDC Mediation Guidelines. If there is any inconsistency between the ACDC Mediation Guidelines and these dispute resolution provisions, these provisions prevail to the extent of the inconsistency.
(iii) The mediator must act expeditiously to assist the parties to resolve the dispute.
(iv) All parties may be assisted by a qualified legal practitioner or other nominated representative at the mediation.
(v) The mediator has no power to make any determination in relation to the dispute.
(vi) The mediator must, unless the parties agree otherwise, hold a mediation conference at which the parties will endeavour to mediate the matter, within 21 days of the date of their appointment as mediator (such appointment to be in writing). If the mediator fails to comply with this requirement, any of the parties may approach the ACDC to request the appointment of another mediator.
Referral to Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute must be referred for Mediation in accordance with the Mediation Rules of the Law Society of New South Wales, at the request of any Disputant, to:
(a) a mediator agreed on by the Disputants; or
(b) if the Disputants are unable to agree on a mediator within 5 Business Days after the end of the Initial Period, a mediator nominated by the then current chairman of LEADR or the chairman's nominee.
