Mediation of Disputes. The parties shall endeavor in good faith to settle within 90 days any controversy or claim arising out of or relating to this Agreement or the breach thereof through mediation with JAMS, Endispute or similar organizations. If the controversy or claim is not resolved within 90 days, the parties shall be free to pursue other legal remedies in law or equity.
Mediation of Disputes. Neither party shall initiate arbitration or other legal proceedings (except for any claim under Paragraph 8 of this Agreement), against the other party, or, in the case of TSC, any of its directors, officers, employees, agents, or representatives, relating in any way to this Agreement, to Employee’s employment with TSC, the termination of his employment or any or all other claims that one party might have against the other party until 30 days after the party against whom the claim[s] is made (“Respondent”) receives written notice from the claiming party of the specific nature of any purported claim and the amount of any purported damages. Employee and TSC further agree that if Respondent submits the claiming party’s claim to the Center for Public Resources, 600 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, for nonbinding mediation prior to the expiration of such 30 day period, the claiming party may not institute arbitration or other legal proceedings against Respondent until the earlier of (i) the completion of nonbinding mediation efforts, or (ii) 90 days after the date on which the Respondent received written notice of the claimant’s claim.
Mediation of Disputes. In the event of any disputes arise between the parties under this Agreement, the parties agree to use the following procedure prior to and as a precondition to either party pursuing any other available remedies, including arbitration or litigation.
1. A meeting will be held promptly between the parties, attended by individuals with decision making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute.
2. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, the parties agree to submit the dispute to non- binding mediation in accordance with the Commercial Rules of the American Arbitration Association.
3. The parties will jointly appoint a mutually acceptable mediator, seeking assistance in such regard from the American Arbitration Association if they have been unable to agree upon such appointment within twenty (20) calendar days from the conclusion of the negotiation period.
4. The parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) calendar days. If the parties are not successful in resolving the dispute through the mediation, then the parties may pursue other legal remedies available to them.
Mediation of Disputes. No party to this Agreement shall initiate any litigation against any other party to this Agreement concerning any controversy or claim arising out of or relating to this Agreement or any agreements or instruments relating hereto or delivered in connection herewith, including, but not limited to, any claim based on or arising from an alleged tort, unless and until (i) at least 60 days before the same shall be filed, a complete copy of each of the summons and complaint (and/or any other documentation required to initiate such litigation) to be filed by the complaining party shall have been delivered to the other party or parties to any such dispute, and (ii) the complaining party has made itself available to meet in Los Angeles, California with the other party or parties for no more than 3 business days of non-binding mediation. Until and unless such mediation has taken place, the complaining party must give notice to the non-complaining party that it will, and then it must, make itself available for such mediation during at least 20 business days during the 60 days before the date on which such summons and complaint will be filed.
Mediation of Disputes. All claims, disputes, and other matters in question between the parties to this Agreement shall be determined under the judiciary system of the State of Florida. As a condition precedent to any party filing any action for a claim, dispute or other matter arising out of or related to this Agreement, the parties shall submit the dispute to mediation pursuant to the American Arbitration Association Construction Industry Mediation Rules currently in effect. Either party may file a written request for mediation with the American Arbitration Association and serve a copy on the other party. The mediation shall be concluded within sixty (60) days of the request, unless otherwise agreed or ordered by the court. Any legal or equitable proceedings shall be stayed pending conclusion of the mediation. The parties shall share the mediator’s fee and other administrative costs of the mediation equally. The mediation shall be held in Alachua County, Florida, unless the parties agree upon another location. Agreements reached in mediation shall be enforceable in any court of competent jurisdiction as settlement agreements. The mediation proceedings shall be confidential and shall be privileged from disclosure in any subsequent proceedings as settlement discussions.
Mediation of Disputes. In the event of any disputes arise between the parties under this Agreement, the parties agree to use the following procedure prior to and as a precondition to either party pursuing any other available remedies, including arbitration or litigation.
1. A meeting will be held promptly between the parties, attended by individuals with decision making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute.
Mediation of Disputes. 16.01 This Section applies solely to disputes over the interpretation and application of the terms of the Parties’ mutual rights and obligations under this Contract. Day- to-day administration of the terms of this Contract shall be a joint function and responsibility of the Council and its designees and the School Board and its designees. Where the Parties’ designees are unable to resolve a dispute over a significant and substantial provision of the Contract, and prior to taking the dispute to the School Board or to any other forum for resolution, the Parties’ designees may consider seeking assistance from a mutually acceptable neutral mediator.
16.02 The mediator shall have no power to compel action by either Party, but shall facilitate settlement discussions between the Parties. If the Parties’ designees are unable to resolve the dispute with the mediator’s assistance, the mediator may submit a non-binding written recommendation that offers an opinion concerning the proper interpretation of the Contract. Any written recommendation from the mediator shall be provided to the School Board if the matter is brought to the School Board for action. The Parties’ meetings with the mediator and any written recommendation from the mediator shall be considered privileged settlement discussions in any subsequent litigation between the Parties.
16.03 The Parties may determine by mutual agreement that a dispute concerns a “significant and substantial” provision of the Contract and that the dispute is amenable to mediation. However, in the event the Parties are unable to agree that a specific dispute is amenable to mediation, each Party shall individually be entitled to compel mediation over one issue during each school year covered by this Contract, and whenever a Party seeks to exercise its right to compel mediation the opposing party shall have the right to select the mediator in the event the Parties are unable to agree on the selection of the mediator.
Mediation of Disputes. Except for any claim for which a party deems a temporary restraining order necessary, all claims, disputes, or alleged breaches of this Agreement shall first be subject to mediation, prior to either party filing an action in a court of law. Either party shall have the right to begin the process by giving the other party a written notice requesting mediation and describing the issues involved. The parties agree to appoint and equally share the cost of a mutually acceptable mediator within thirty (30) days after notice. The mediation shall occur within thirty (30) days after the selection of the mediator, unless the parties agree otherwise. Nothing in this paragraph will prevent either party’s right to a trial or trial by jury in a court of law. In the event of mediation, each party shall bear that party’s own attorney fees. In the event of litigation to enforce this Agreement, the prevailing party shall be awarded its attorney fees and costs.
Mediation of Disputes. Except for claims for indemnity arising out of or relating to a lawsuit filed by or against any party to this agreement, the parties shall mutually agree that any dispute that may arise under this agreement will be submitted to a mediator agreed to by both parties as soon as such dispute arises, but in any event prior to the commencement of arbitration or litigation. It shall be mutually agreed that such mediation shall occur at the place where the project is located. Each party shall be responsible for their own mediation fees and mediator’s expenses. The parties shall agree to exercise their best efforts in good faith to resolve all disputes in mediation.
Mediation of Disputes. RCDSCC and Contractor agree to mediate any Claim arising between them out of this Contract before resorting to arbitration. The mediation fees shall be divided equally between the parties.
