Resolution by Mediation Clause Samples

Resolution by Mediation. If the matter has not been resolved within twenty (20) Business Days of the disputing Party’s notice having been issued, or if the Parties fail to meet within ten (10) Business Days pursuant to Clause 20.7.2, either Party may submit the matter to mediation before a mediator appointed by the Dispute Resolution Foundation of Jamaica.

Resolution by Mediation. Failing agreement on an issue, any Dispute under the Community Housing Agreement will be referred for determination in accordance with clause 20.4, to the Australian Commercial Disputes Centre (ACDC) to be conducted in accordance with the ACDC mediation guidelines.

Resolution by Mediation. (a) If a Dispute remains unresolved following negotiations between the Parties, then either Party may, upon written notice to the other delivered within 10 Business Days following receipt of the Notice of Dispute, refer such Dispute to non-binding mediation. (b) Each Party will work with the other to select an acceptable mediator and the appropriate rules of mediation, and to work with the mediator to resolve the Dispute. The mediation process shall continue until the Dispute is resolved or until either the mediator makes a finding that there is no possibility of settlement through the mediation or one of the Parties elects not to continue the mediation (“Mediation Termination”). (c) The place of mediation shall be ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. (d) The language of the mediation shall be in English.

Resolution by Mediation. If the Executive Officers are not able to resolve such dispute within [**] after escalation to the Executive Officers, then, except for (a) any matter for which MyoKardia has final decision-making authority under Section 2.7 (JSC Decision-Making) and (b) any Excluded Claim, the Parties shall enter into confidential non-binding mediation in the State of Delaware in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”). The Parties shall mutually approve a mediator who has the requisite experience and qualifications, and if the Parties are unable to mutually approve a mediator, then a mediator having the requisite experience and qualifications shall be appointed in accordance with such Commercial Mediation Rules. The mediation shall be held within [**] of the selection of the mediator. A representative of each Party with authority to resolve the dispute shall participate in the mediation. Each Party agrees to use reasonable efforts to make its current employees available, if reasonably needed, as the mediator may determine. The fees and expenses related to the services provided by the mediator in connection with any mediation hereunder shall be paid one-half by each party, except that each Party shall pay its own attorneys’ fees and expenses. If the Parties are unable to resolve their dispute through mediation within [**] after selection of the mediator, either Party may invoke any remedy available to it under law or equity to resolve the dispute.

Resolution by Mediation. Upon receipt of the request to mediate authorized pursuant Section 10.038 or Section 10.208, the City and the ▇▇▇▇ shall come to an agreement as to the appointment of a mediator for purposes of hearing the appeal. If the parties cannot agree upon an independent private mediator within 45 days after notice of the receipt of the request to mediate, the party may proceed to file a judicial action with the Eighth Judicial District Court, ▇▇▇▇▇ County, Nevada. The mediation shall take place in ▇▇▇▇▇ County, Nevada, unless otherwise agreed to by the parties. The fees and expenses of the mediator shall be equally shared by both parties. Each party is responsible for their own costs, expenses, consultant fees and attorney fees incurred in the presentation or defense of any claim, dispute or controversy that is subject to mediation between the parties. The decision of the mediator shall be non-binding.

Resolution by Mediation. From time to time during this Agreement or thereafter, disputes may arise between Talisman and the Service Provider over the provision of the Services, Service Levels, Compensation or other matters relating to this Agreement. If the Talisman Contract Manager and the Service Provider's Solutions Manager fail to satisfactorily resolve such a dispute, then the following procedure will be invoked: (a) senior management of both parties will engage to resolve disputes prior to going to arbitration; (b) an objective third party satisfactory to both Talisman and the Service Provider will be selected to facilitate and mediate discussions; (c) in-house representatives will be chosen by Talisman and the Service Provider to resolve the dispute with this third party facilitator; (d) information will be furnished by both parties to each other and to the facilitator upon request by any of the three parties; (e) under the guidance of the facilitator, Talisman and the Service Provider, will in good faith, analyze data, discuss the dispute and generate options and review the options with a view to developing an acceptable resolution to matters in dispute; and (f) in the event that an acceptable resolution to matters in dispute is found to be satisfactory to the Talisman and the Service Provider's representatives, the parties will present it to the Talisman Contract Manager and the Service Provider's Contract Manager for adoption.