Required Mediation. (a) In the event that any dispute arises under this Pilot Program Agreement, no Party shall be entitled to commence litigation under this Pilot Program Agreement until after the mediation obligations in Section 10.1(b) have been satisfied. Each Party shall cause each of its Affiliates to be bound by the provisions of this Article 10.
Required Mediation. If either party contends that this Agreement has been breached, the parties agree to participate in non-binding mediation prior to filing any claim in state or federal court, and prior to submitting and complaint with a governing administrative agency. The parties further agree to participate in good faith, and a failure to do so by either party shall preclude the filing of any other claim against the other party. The mediator shall be jointly selected by the parties among local mediators with educational experience. The mediation shall take place in Columbus, Franklin County, Ohio. Offers made in mediation shall remain confidential and may not be used in any subsequent proceeding. The parties shall equally split the cost of the selected mediator and cover their own expenses for counsel. The parties agree that the provisions of this section shall survive any termination of this Agreement.
Required Mediation. (a) Any Dispute not resolved pursuant to Section 4.2 shall, at the written request of any Party (a “Mediation Request”), be submitted to mediation in accordance with the International Institute for Conflict Prevention & Resolution (“CPR”) Mediation Procedure (the “Procedure”) then in effect, except as otherwise set forth in this Article IV. The mediation shall be held in Stockholm, Sweden or such other place as the Parties may mutually agree. The Parties shall have twenty (20) days from receipt by a Party of a Mediation Request to agree on a mediator. If no mediator has been agreed upon by the Parties within twenty (20) days of receipt by a Party of a Mediation Request, then any Party may request (on written notice to the other Party), that CPR appoint a mediator in accordance with the Procedure.
Required Mediation. Any dispute under this Agreement that is not settled by negotiations by the parties may, by written notice given by Executive or Rock-Tenn to the other party, be required to be submitted to nonbinding mediation, to be completed within (45) forty-five days after the first written notice of the dispute is given by one party to the other. Such mediation, which must be commenced by delivery of the mediation notice no later than (15) fifteen days after such first written notice of dispute is given, shall be administered by the American Arbitration Association under its Commercial Mediation Rules. Rock-Tenn shall pay all costs and expenses of such mediation, including the cost of any attorney engaged by Executive. No party may prosecute any litigation, whether or not already commenced, with respect to such dispute while such nonbinding mediation is ongoing unless and until any such mediation shall have concluded without resolution of the dispute or the time period for such mediation to have concluded shall have elapsed.
Required Mediation. The Company and Executive mutually agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof, or any other dispute between the parties arising from or related to Executive's employment with the Company, shall be submitted to mediation before a mutually agreeable mediator. If the parties are unable to agree on a mediator, the matter will be submitted to JAMS/Endispute for selection of a mediator and mediation pursuant to its rules.
Required Mediation a) Except for the indemnification obligations with respect to third party claims as set forth in Article 11, in the event that any dispute arises under this Agreement that is not resolved between the Parties, either Party may elect to litigate such matters; provided, that neither Party shall be entitled to commence such litigation under this Agreement until after the mediation obligations in this Section 12.1 have been satisfied. Each Party shall cause each of its Affiliates to be bound by the provisions of this Article 12.
Required Mediation. Notwithstanding paragraph 13, if either party contends that this Agreement has been breached, the parties agree to participate in non-binding mediation prior to filing any claim in state or federal court, and prior to submitting a complaint with a governing administrative agency. The parties further agree to participate in good faith, and a failure to do so by either party shall preclude the filing of any other claim against the other party. The mediator shall be jointly selected by the parties among local mediators with educational experience. The mediation shall take place in Franklin County, Ohio. Offers made in mediation shall remain confidential and may not be used in any subsequent proceeding. The parties shall equally split the cost of the selected mediator and cover their own expenses for counsel. The parties agree that the provisions of this section shall survive any termination of this Agreement. The signatures below indicate approval and agreement to the terms of this Agreement, and the signatures of a representative indicates authority to enter into this Agreement by and on behalf of the entity.
