Common use of Voluntary, Non-Binding Mediation Clause in Contracts

Voluntary, Non-Binding Mediation. If executive-level performance review is not successful in resolving the dispute, the parties may, but shall not be obligated to, mutually agree in writing to submit the dispute to non-binding mediation. Mediation must occur within five (5) business days after the parties agree to submit the dispute to mediation, and the duration of the mediation shall be limited to one (1) business day. The parties mutually shall select an independent mediator experienced in software development and software distribution disputes, and each shall designate a representative(s) to meet with the mediator in good faith in an effort to resolve the dispute. The specific format for the mediation shall be left to the discretion of the mediator and the designated party representatives and may include the preparation of agreed-upon statements of fact or written statements of position furnished to the other party.

Appears in 2 contracts

Samples: Licensing and Distribution Agreement (V One Corp/ De), Licensing and Distribution Agreement (V One Corp/ De)

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Voluntary, Non-Binding Mediation. If executive-level performance review is does not result in successful in resolving resolution of the dispute, the parties may, but shall not be obligated to, mutually agree in writing to submit the dispute to non-binding mediation. Mediation must occur within five thirty (530) business days after the parties agree to submit the dispute to mediation, and the duration of the mediation shall be limited to one (1) business day***. The parties mutually shall select an independent mediator experienced in software development and software distribution commercial contract telecommunications disputes, and each shall designate a representative(s) to meet with the mediator in good faith in an effort to resolve the dispute. The specific format for the mediation shall be left to the discretion of the mediator and the designated party representatives and may include the preparation of agreed-upon statements of fact or written statements of position furnished to the other party.

Appears in 1 contract

Samples: Master Procurement Agreement (Metropcs Communications Inc)

Voluntary, Non-Binding Mediation. If executive-level performance review is not successful in resolving the dispute, the parties Parties may, but shall not be obligated to, mutually agree in writing to submit the dispute to non-binding mediation. Mediation must occur within five twenty (520) business days Business Days after the parties Parties agree to submit the dispute to mediation, and the duration of the mediation shall be limited to one (1) business day. The parties Parties mutually shall select an independent mediator experienced in software development and software distribution disputesthe Services that are the subject of the dispute, and each shall designate a representative(s) to meet with the mediator in good faith in an effort to resolve the dispute. The specific format for the mediation shall be left to the discretion of the mediator and the designated party Party representatives and may include the preparation of agreed-upon statements of fact or written statements of position furnished to the other partyParty.

Appears in 1 contract

Samples: Master Manufacturing Agreement (Medicis Pharmaceutical Corp)

Voluntary, Non-Binding Mediation. If executive-level performance review is does not result in successful in resolving resolution of the dispute, the parties may, but shall not be obligated to, mutually agree in writing to submit the dispute to non-binding mediation. Mediation must occur within five thirty (530) business calendar days after the parties agree to submit the dispute to mediation, and the duration of the mediation shall be limited to one two (12) business daydays. The parties mutually shall select an independent mediator experienced in software development and software distribution commercial contract telecommunications disputes, and each shall designate a representative(s) to meet with the mediator in good faith in an effort to resolve the dispute. The specific format for the mediation shall be left to the discretion of the mediator and the designated party representatives and may include the preparation of agreed-upon statements of fact or written statements of position furnished to the other party.

Appears in 1 contract

Samples: Master Procurement Agreement (Allegiance Telecom Inc)

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Voluntary, Non-Binding Mediation. If executive-level performance review is not successful in resolving the dispute, the parties may, but shall not be obligated to, mutually agree in writing to submit the dispute to non-binding mediation. Mediation must occur within five (5) business days after the parties agree to submit the dispute to mediation, and the duration of the mediation shall be limited to one (1) business day. The parties mutually shall select an independent mediator experienced in software development and software distribution commercial contract disputes, and each shall designate a representative(s) to meet with the mediator in good faith in an effort to resolve the dispute. The specific format for the mediation shall be left to the discretion of the mediator and the designated party representatives and may include the preparation of agreed-upon statements of fact or written statements of position furnished to the other party.

Appears in 1 contract

Samples: Development and License Agreement (Cpi Corp)

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