Common use of Settlement Through Mediation Clause in Contracts

Settlement Through Mediation. 6.7.1. If the participants have failed to reach an acceptable settlement prior to the end of the Mediation Meeting, the Mediator, before concluding the Mediation Meeting, may submit to the participants a settlement proposal based on the same considerations to be used by an Arbitrator as set forth in Article VII which the Mediator deems to be equitable to both participants. Each of the participants will, in good faith, evaluate the proposal and discuss it with the Mediator. In the event that a settlement is not reached, neither the terms of the proposed settlement nor either party’s refusal to agree thereto shall be admissible in the Arbitration Proceedings nor brought before the Arbitrator in any way.

Appears in 2 contracts

Samples: Arbitrator Retention Agreement, Franchise Agreement (El Pollo Loco, Inc.)

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Settlement Through Mediation. 6.7.1. If the participants have failed to reach an acceptable settlement prior to the end of the Mediation Meeting, the Mediator, before concluding the Mediation Meeting, may submit to the participants a settlement proposal based on the same considerations to be used by an Arbitrator as set forth in Article VII which the Mediator deems to be equitable to both all participants. Each of the participants will, in good faith, evaluate the proposal and discuss it with the Mediator. In the event that a settlement is not reached, neither the terms of the proposed settlement nor either party’s refusal to agree thereto shall be admissible in the Arbitration Proceedings nor brought before the Arbitrator in any way.

Appears in 2 contracts

Samples: Development Agreement (El Pollo Loco Holdings, Inc.), Franchise Development Agreement (El Pollo Loco Holdings, Inc.)

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Settlement Through Mediation. 6.7.1. If the participants have failed to reach an acceptable settlement prior to the end of the Mediation Meeting, the Mediator, before concluding the Mediation Meeting, may submit to the participants a settlement proposal based on the same considerations to be used by an Arbitrator as set forth in Article VII which the Mediator deems to be equitable to both participants. Each of the participants will, in good faith, evaluate the proposal and discuss it with the Mediator. In the event that a settlement is not reached, neither the terms of the proposed settlement nor either party’s 's refusal to agree thereto shall be admissible in the Arbitration Proceedings nor brought before the Arbitrator in any way.. Exhibit A to Procedures for Resolving Disputes Relating to the Development of New Restaurants

Appears in 1 contract

Samples: Franchise Agreement (EPL Intermediate, Inc.)

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