Dispute Resolution; Mediation. (a) Either party may commence the dispute resolution process of this Section 8.2 by giving the other party written notice (a “Dispute Notice”) of any controversy, claim or dispute of whatever nature arising out of or relating to or in connection with this Agreement, any Ancillary Agreement or the breach, termination, enforceability or validity thereof (a “Dispute”) which has not been resolved in the normal course of business or as provided in the relevant Ancillary Agreement. The parties shall attempt in good faith to resolve any Dispute by negotiation between executives of each party (“Senior Party Representatives”) who have authority to settle the Dispute and, unless discussions between the parties are already at a senior management level, who are at a higher level of management than the Persons who have direct responsibility for the administration of this Agreement or the relevant Ancillary Agreement. Within fifteen (15) days after delivery of the Dispute Notice, the receiving party shall submit to the other a written response (the “Response”). The Dispute Notice and the Response shall include (i) a statement setting forth the position of the party giving such notice and a summary of arguments supporting such position and (ii) the name and title of such party’s Senior Party Representative and any other Persons who will accompany the Senior Party Representative at the meeting at which the parties will attempt to settle the Dispute. Within thirty (30) days after the delivery of the Dispute Notice, the Senior Party Representatives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. The parties shall cooperate in good faith with respect to any reasonable requests for exchanges of Information regarding the Dispute or a Response thereto.
(b) If the Dispute has not been resolved within sixty (60) days after delivery of the Dispute Notice, or if the parties fail to meet within thirty (30) days after delivery of the Dispute Notice as hereinabove provided, the parties shall make a good faith attempt to settle the Dispute by mediation pursuant to the provisions of this Section 8.2 before resorting to arbitration contemplated by Section 8.3 or any other dispute resolution procedure that may be agreed by the parties.
(c) All negotiations, conferences and discussions pursuant to this Section 8.2 shall be confidential and shall be treated as compromise and set...
Dispute Resolution; Mediation. 6.1 A Party may notify the other Party in writing that it disputes a matter relating to the interpretation or performance of this Deed.
6.2 The notice is to be signed and dated, and is to specify details of the matter in dispute.
6.3 The Parties are to meet not later than 10 business days after the date of the notice to attempt to resolve the dispute.
6.4 If the dispute is not resolved within 20 business days after the date of the notice, the Parties are to mediate the dispute in accordance with the Mediation Rules of the Law Society of New South Wales published from time to time and are to request the President of the Law Society, or the President’s nominee, to appoint a suitably qualified mediator.
6.5 If the dispute is not resolved by mediation within 40 business days after the date of the notice, or such longer period as the Parties agree, the Parties may exercise their legal rights in relation to the dispute.
Dispute Resolution; Mediation. The parties to this Agreement will work together in good faith to resolve any controversy, dispute or claim between them which arises out of or relates to this Agreement, whether stated in tort, contract, statute, bad faith, professional liability or otherwise ("Claim"). If the parties are unable to resolve the Claim within thirty (30) days following the date in which one party sent written notice of the Claim to the other party, and if a party wishes to pursue the Claim, such Claim shall be addressed through non-binding mediation under the Commercial Mediation Rules of the American Arbitration Association (“AAA”). A single mediator engaged in the practice of law, who is knowledgeable about subject matter of this Agreement, will conduct the mediation under the then current rules of the AAA. Any mediation under this Agreement shall be conducted in Williamson County, Texas. All costs involved in the mediation shall be borne equally between the parties, except that each party shall bear its own attorneys fees. Nothing herein is intended to prevent either party from seeking any other remedy available hereunder or at law, including seeking redress in a court of competent jurisdiction. This provision shall survive the termination of this Agreement. The parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1- 14) or any applicable state arbitration statute.
Dispute Resolution; Mediation. (a) In the event that full tentative agreement is not reached at least sixty (60) calendar days prior to the expiration (or reopener, if applicable) date specified in the AGREEMENT, the parties mutually agree to utilize the services of a Mediator designated by the Federal Mediation and Conciliation Service. So that a Mediator can be promptly designated and be of assistance to the parties when needed, the parties will no later than seventy (70) calendar days prior to the expiration (or reopener, if applicable) date write the appropriate District Director of the Federal Mediation and Conciliation Service requesting the designation of a Mediator who could be utilized, if necessary. Either party may request the services of a Mediator at any time during the sixty (60) calendar day period prior to the expiration (or reopener, if applicable) date whether or not an impasse in negotiations exist. However, if full agreement has not been reached at least forty-five (45) calendar days before the expiration (or reopener, if applicable) date, the services of a Mediator shall be utilized.
(b) The dispute resolution procedure shall be deemed exhausted either: (1) at the expiration of the AGREEMENT; or (2) if the AGREEMENT is extended, when either party declares that mediation was unable to result in a settlement. In the case of a contract reopener, the dispute resolution procedure shall be deemed exhausted forty-five (45) calendar days after mediation services are initiated, unless the parties extend the procedure for a longer period of time.
Dispute Resolution; Mediation. If a Party to this Agreement believes that a claim or Dispute (hereinafter "Dispute") relating to this Agreement exists, the Party will notify the other Party thereof in writing. The Parties agree that for any claim or Dispute relating to this Agreement among or involving the Parties, the Parties shall meet with the purpose of resolving the Dispute. If the Parties involved cannot resolve the Dispute within forty-five (45) business days, the Parties agree to resolve the Dispute by mandatory mediation. The parties agree that the mediation shall be conducted and heard by a single mediator to resolve the claim Dispute. A single mediator shall be selected according to the National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures. Each Party shall bear its costs of the mediation, including attorneys' fees, and each Party shall equally share all charges rendered by the
Dispute Resolution; Mediation a. The Parties will attempt in good faith to promptly resolve any controversy or claim arising out of or relating to this Order through negotiations between authorized representatives of the Parties, before resorting to other remedies available to them.
b. If a controversy or claim should arise which is not settled as specified in Subsection a., representatives of each Party who are authorized to resolve the controversy or claim will meet at a location designated by AT&T, at least once, and will attempt to, and are empowered to resolve the matter. Either representative may request this meeting within fourteen (14) days of such request (the “first meeting”).
c. Unless the Parties otherwise agree, if the matter has not been resolved within twenty-one (21) days of the first meeting, the representatives shall refer the matter to more senior representatives, who shall have full authority to settle the dispute. Such senior representatives will meet for negotiations within fourteen (14) days of the end of the twenty-one (21) day period referred to above, at a site designated by AT&T. Three (3) business days prior to this scheduled meeting, the Parties shall exchange memoranda stating the issue(s) in dispute and their positions, summarizing the negotiations which have taken place, and attaching relevant documents.
d. If more than one (1) meeting is held between the senior representatives, the meeting shall be held in rotation at the offices of Supplier and AT&T.
e. If the matter has not been resolved within thirty (30) days of the first meeting of the senior representatives (which period may be extended by mutual agreement), the Parties will attempt in good faith to resolve the controversy or claim in accordance with the American Arbitration Association’s then current Commercial Mediation Rules. Proprietary Information The information contained in this Agreement is not for use or disclosure outside AT&T, Supplier, their Affiliates and their third party representatives, except under written agreement by the contracting Parties. 12. Name of Affiliate Ordering Services: AT&T Operations, Inc.
Dispute Resolution; Mediation. (a) This clause applies to any Dispute arising in connection with this Deed other than a Dispute to which clause 7.1 applies.
(b) Such a Dispute is taken to arise if one party gives another party a notice in writing specifying particulars of the Dispute.
(c) If a notice is given under clause 7.2(b), the Parties are to meet within 14 Business Days of the notice in an attempt to resolve the Dispute.
(d) If, within 28 Business Days of a notice being given, the Parties have not resolved the Dispute, the Parties are to mediate the dispute in accordance with the Mediation Rules of the Law Society of New South Wales published from time to time and are to request the President of the Law Society to select a mediator.
(e) If the Dispute is not resolved by mediation within a further 28 Business Days, or such longer period as may be necessary to allow any mediation process which has been commenced to be completed, then the parties may exercise their legal rights in relation to the Dispute, including by the commencement of legal proceedings in a court of competent jurisdiction in New South Wales.
(f) Each party is to bear its own costs arising from or in connection with the appointment of a mediator and the mediation.
(g) The Parties are to share equally the costs of the President, the mediator, and the mediation.
Dispute Resolution; Mediation.
A. In the event that full tentative agreement is not reached within forty-five (45) calendar days prior to the expiration (or reopened, if applicable) date, the parties mutually agree to first call upon and meet with a Mediator appointed by the Federal Mediation and Conciliation Service (FMCS) for the purpose of mediation. If such service by FMCS is not available, the parties mutually agree to obtain the services of another mutually agreed upon mediation service such as the American Arbitration Association. Any costs for the use of such mediation service shall be shared equally by the parties.
B. The dispute resolution procedure shall be deemed exhausted either:
1. at the expiration of the AGREEMENT; or
2. when either party declares that mediation was unable to result in a settlement, whichever date is the last date.
Dispute Resolution; Mediation. In addition to all remedies at law, the parties may agree to attempt to resolve any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. However, if both parties do not agree to voluntarily mediate any such controversy, claim or dispute, mediation shall not be required.
Dispute Resolution; Mediation. In the event of any dispute arising between the Parties out of or in connection with this Agreement, the Parties shall use their best endeavours to settle amicably such dispute by consultation and negotiation. In the event the Parties are not able to resolve any dispute that arises out of or is related to this Agreement, the Parties shall first to try in good faith to settle the dispute by mediation, the cost of which shall be assumed equally by both parties. Either party may initiate the mediation by providing a written request to the other party.
