Common use of Referral to Mediation Clause in Contracts

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.

Appears in 2 contracts

Samples: Joint Management Agreement, Joint Management Agreement

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Referral to Mediation. The CEO and the Chairperson of the PBC DAC 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 DAC 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 DAC 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 DAC 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 DAC 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)(212.2(b)(ii), the CEO and t h e C h a i r p e r s o n o f the PBC Chairperson of DAC cannot agree on a mediator, either party may request that Resolution Institute appoint a mediator. (c) The CEO and the Chairperson of the PBC DAC 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 DAC may decide the Dispute. (e) Any information or documents disclosed by the CEO or the Chairperson of the PBC DAC 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 DAC 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 DAC 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.

Appears in 2 contracts

Samples: Joint Management Agreement, Joint Management Agreement

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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)(212.2(b)(ii), 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.

Appears in 1 contract

Samples: Joint Management Agreement

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