Selection of Neutral. The parties shall have ten (10) days following the submission of the Dispute to ADR in accordance with Section 6.2 above to agree upon a mutually-acceptable person not affiliated with either of the parties (the "Neutral"). If no Neutral has been selected within such time, the parties agree jointly to request the American Arbitration Association, the Center for Public Resources, or another mutually agreed-upon provider of neutral services to supply within ten (10) days a list of potential Neutrals with qualifications as specified by the parties in the joint request. Within five (5) days of receipt of the list, the parties shall independently rank the proposed candidates, shall simultaneously exchange rankings, and shall select as the Neutral the individual receiving the highest combined ranking who is available to serve.
Selection of Neutral. Mediation hearings and arbitration hearings shall be conducted before a single neutral selected using the processes specified in the American Arbitration Association’s Commercial Mediation Rules and Commercial Arbitration Rules, respectively. In the case of mediation, the Parties will submit a Request for Mediation to the American Arbitration Association and the Association will choose and appoint a mediator to assist the Parties. In the case of arbitration, the Parties will use the AAA’s listing process pursuant to which the AAA administrator will provide each Party with a list of proposed arbitrators. Each Party will then strike any names they deem to be unacceptable, number the remaining names in order of preference, and return the list to the Association. The AAA will ask arbitrators to serve from among those names remaining on the list, in the designated order of mutual preference.
Selection of Neutral. Promptly after they have been designated, the designated representatives will meet and select a neutral person (the “Neutral”) to serve as the third member of the dispute resolution panel. If the designated representatives of parties cannot agree on a Neutral, then either representative may request the CPR Institute to select the Neutral.
Selection of Neutral. 48 17.7 Hearing............................................................. 48 17.8 Procedures.......................................................... 48
Selection of Neutral. Within ten (10) business days after the receipt of the ADR Request, the other Party may, by written notice to the counsel for the Party initiating ADR, add additional issues to be resolved. Within twenty (20) business days following the receipt of the ADR Request a neutral familiar with the pharmaceutical industry and competent to address disputes related to development of pharmaceutical products shall be selected by the then-President of the Center for Public Resources ("CPR"), 000 Xxxxx Xxx., Xxx Xxxx, Xxx Xxxx 00000. The neutral shall be an individual who shall preside in resolution of any disputes between the Parties. The neutral selected shall be a member of the Judicial Panel of the CPR and shall not be a current or former employee, director or shareholder of any Party or of an Affiliate of either Party. Either Party shall have ten (10) business days from the date the neutral is selected to object in good faith to the selection of that person. If any Party makes such an objection, the then-President of the CPR shall, as soon as possible thereafter, elect another neutral under the same conditions set forth above. This second selection shall be final.
Selection of Neutral. 29 Section 9.4. Time and Place of ADR................................................... 29 Section 9.5. Exchange of Information................................................. 29 Section 9.6.
Selection of Neutral. The parties shall initially seek to agree upon a mediator or arbiter. If the parties are unable to agree, the Guild may request a list of nine (9) arbiters from Washington and Oregon from the Federal Mediation and Conciliation Service. The parties shall alternately strike names from the list until one remains. That individual shall be the mediator or arbiter. Upon mutual agreement by the parties, challenges to the procedural arbitrability of a grievance shall be resolved in a proceeding separate from and prior to arbitration on the merits of a grievance.
Selection of Neutral. Within ten (10) business days after the receipt of the ADR Request, the other party may, by written notice to the counsel for the party initiating ADR, add additional issues to be resolved. Within twenty (20) business days following the receipt of the ADR Request a neutral shall be selected by the then-President of the Center for Public Resources ("CPR"), 000 Xxxxx Xxx., Xxx Xxxx, Xxx Xxxx 00000. The neutral shall be an individual who shall preside in resolution of any disputes between the parties. The neutral selected shall be a member of the Judicial Panel of the CPR and shall not be an employee, director or shareholder of any party or of an Affiliate of either party. Either party shall have ten (10) business days from the date the neutral is selected to object in good faith to the selection of that person. If any party makes such an objection, the then-President of the CPR shall, as soon as possible thereafter, elect another neutral under the same conditions set forth above. This second selection shall be final.
Selection of Neutral. Within twenty-one (21) days following receipt of the original ADR notice, the parties shall select a mutually acceptable neutral to preside in the resolution of any disputes in this ADR proceeding. If the parties are unable to agree on a mutually acceptable neutral within such period, either party may request the President of the CPR Institute for Dispute Resolution ("CPR"), 366 Xxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, xx select a neutral pursuant to the following procedures:
(a) The CPR shall submit to the parties a list of not less than five (5) candidates within fourteen (14) days after receipt of the request, along with a Curriculum Vitae for each candidate. No candidate shall be an employee, director, or shareholder of either party or any of their subsidiaries or affiliates.
(b) Such list shall include a statement of disclosure by each candidate of any circumstances likely to affect his or her impartiality.
(c) Each party shall number the candidates in order of preference (with the number one (1) signifying the greatest preference) and shall deliver the list to the CPR within seven (7) days following receipt of the list of candidates. If a party believes a conflict of interest exists regarding any of the candidates, that party shall provide a written explanation of the conflict to the CPR along with its list showing its order of preference for the candidates. Any party failing to return a list of preferences on tie shall be deemed to have no order of preference.
(d) If the parties collectively have identified fewer than three (3) candidates deemed to have conflict, the CPR immediately shall designate as the neutral the candidate * Confidential portions omitted and filed separately with the Commission.
Selection of Neutral. An ADR shall be initiated by a party by -------------------- sending written notice thereof to the other party and the CPR, which notice shall state the issues to be resolved. Within [ * ] after receipt of such notice, the other party may, by sending written notice to the initiating party and the CPR, add issues to be resolved. Within [ * ] after the date of the original ADR notice, the CPR shall nominate to the parties at least five (5) qualified nominees for the CPR's Panel of Distinguished Neutrals. The parties shall have five (5) business days after the receipt of such nominations to agree on a Neutral or, failing to agree, to rank-order their preferences with the most preferred being given the lowest number, and mail the rank-order to the CPR. The CPR shall notify the parties of their selection. If all nominees are unacceptable to a party, the procedure shall be repeated and, if the parties cannot select a Neutral the second time, the CPR shall select the Neutral.
