Examples of Mediation Period in a sentence
Additionally, if a lawsuit must be filed within the Mediation Period in order to preserve a cause of action (a “Claim Preservation”), Owner and Contractor agree that they will nevertheless proceed diligently to mediate the Claim to its conclusion prior to actively prosecuting the lawsuit.
Further, if during the Mediation Period Owner and Contractor settle any issues, the plaintiff in the Preservation Claim lawsuit shall promptly cause the Court to enter a stipulated general judgment of dismissal with prejudice, or other appropriate order, limiting the remaining scope of litigation.
As provided in Section 14.1(d) above, any Environmental Disputes which remain unresolved by the expiration of the Mediation Period shall be referred to final and binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect, except as modified herein.
This Mediation Period will be extended only if the Parties mutually agree in writing to extend it.
If the Parties do not elect to submit the Dispute to mediation in accordance with Section 9.2 or the Dispute has not been resolved for any reason after the Mediation Period, such Dispute shall be determined, at the request of any relevant Party, by arbitration conducted in Virginia, before and in accordance with the then-existing Rules for Non-Administered Arbitration of the CPR, except as modified herein (the “Rules”).