Common use of Attempt At Informal Resolution Of Disputes Clause in Contracts

Attempt At Informal Resolution Of Disputes. Prior to submission of any dispute to arbitration, Association and Executive shall attempt to resolve the dispute informally through mediation. Association and Executive will select a mediator from a list provided by the State Mediation and Conciliation Service or other similar agency who will assist the parties in attempting to reach a settlement of the dispute. The mediator may make settlement suggestions to the parties but shall not have the power to impose a settlement upon them. If the dispute is resolved in mediation, the matter shall be deemed closed. If the dispute is not resolved in mediation and goes to the next step (binding arbitration), any proposals or compromises suggested by either of the parties or the mediator shall not be referred to or have any bearing on the arbitration procedure. The mediator cannot also serve as the arbitrator in the subsequent proceeding unless all parties expressly agree in writing.

Appears in 3 contracts

Samples: Employment Agreement (Monterey Bay Bancorp Inc), Employment Agreement (Monterey Bay Bancorp Inc), Employment Agreement (Monterey Bay Bancorp Inc)

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Attempt At Informal Resolution Of Disputes. Prior to submission of any dispute to arbitration, Association Employee and Executive the Company shall attempt to resolve the dispute informally through mediation. Association as follows: Employee and Executive the Company will select a mediator from a list provided by the State Federal Mediation and Conciliation Service or other similar agency who will assist the parties in attempting to reach a settlement of the dispute. The mediator may make settlement suggestions to the parties but shall not have the power to impose a settlement upon them. If the dispute is resolved in mediation, the matter shall be deemed closed. If the dispute is not resolved in mediation and goes to the next step (binding arbitration), any proposals or compromises suggested by either of the parties or the mediator shall not be referred to in or have any bearing on the arbitration procedure. The mediator cannot also serve as the arbitrator in the any subsequent proceeding unless all parties expressly agree in writing.

Appears in 3 contracts

Samples: Employment Agreement (Mount TAM Biotechnologies, Inc.), Amended and Restated Employment Agreement (Mount TAM Biotechnologies, Inc.), Employment Agreement (Adex Media, Inc.)

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Attempt At Informal Resolution Of Disputes. Prior to submission of any dispute to arbitration, Association Employee and Executive the Company shall attempt to resolve the dispute informally through mediationas set forth below. Association Employee and Executive the Company will select a mediator from a list provided by the State Federal Mediation and Conciliation Service or other similar agency who will assist the parties in attempting to reach a settlement of the dispute. The mediator may make settlement suggestions to the parties but shall not have the power to impose a settlement upon them. If the dispute is resolved in mediation, the matter shall be deemed closed. If the dispute is not resolved in mediation and goes to the next step (binding arbitration), any proposals or compromises suggested by either of the parties or the mediator shall not be referred to in or have any bearing on the arbitration procedure. The mediator cannot also serve as the arbitrator in the subsequent proceeding unless all parties expressly agree in writing.

Appears in 2 contracts

Samples: Employment Agreement (Embarcadero Technologies Inc), Employment Agreement (Embarcadero Technologies Inc)

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