Dispute Resolution Procedure Clause Samples

Dispute Resolution Procedure. 23.1 Internal dispute resolution processes: The parties intend that, if possible, any differences between them concerning this Agreement will be resolved amicably by good faith discussion. When a difference or dispute arises in relation to this Agreement, including any question concerning its existence, validity, interpretation, performance, breach, or termination ("Dispute"), the party claiming the existence of a Dispute may provide notice describing such Dispute to the other party. If notice is provided, representatives of the parties must promptly meet to attempt to resolve the Dispute. Where the Dispute is not resolved by discussion between the parties within 15 Working Days of such notice being given, the matter is to be referred to the Chief Executives (or a person nominated by the Chief Executive) of the parties for resolution.

Dispute Resolution Procedure. 21.1 All disputes or grievances arising between the Parties shall as far as practical be resolved at the workplace level through consultation. Accordingly the following procedure must be followed: 21.1.1 Initially the Employee shall discuss any grievance, dispute or claim with their immediate supervisor; 21.1.2 If the matter is not resolved at such a meeting, the Parties may hold further discussions with appropriate senior levels of management; 21.1.3 If the matter cannot be resolved at the workplace level, the Parties agree to refer the matter to Enterprise Initiatives Pty Ltd who will engage a third party mediator to mediate the dispute. Any such mediator will conduct the mediation in accordance with the provisions of Part 13, Division 6 of the Act. 21.2 To the extent that the dispute concerns Employee entitlements or Employer obligations under the Agreement the Employer will ask for the Employee's agreement to seek advice from EI Legal Pty Ltd. 21.3 This dispute resolution procedure does not apply to Employees where the Employer has given notice and reasons for termination according to clause 5 of the Agreement. 21.4 Where the Parties agree to pursue mediation the Parties:- 21.4.1 Will participate in the mediation process in good faith; 21.4.2 Acknowledge the right of other to appoint in writing, another person to act on their behalf in relation to the mediation process; 21.4.3 Agree not to commence any action against the other; and 21.4.4 Agree that during the time when the Parties attempt to resolve the matter: i) the Parties continue to work in accordance with the contract of employment unless the Employee has a reasonable concern about an imminent risk to his or her health or safety; and ii) subject to relevant provisions of any state or territory occupational safety law, even if the Employee has a reasonable concern about an imminent risk to his or her health or safety, the Employee must not unreasonably fail to comply with a direction by his or her Employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Employee to perform; and iii) the Parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible.

Dispute Resolution Procedure. 1. If, within 30 days after delivery of a Tenant’s Rejection Notice, the parties fail to agree in writing upon the Prevailing Market rate, Landlord and Tenant, within five (5) days thereafter, shall each simultaneously submit to the other, in a sealed envelope, its good faith estimate of the Prevailing Market rate for the Extension Term (collectively, the “Estimates”). Within seven (7) days after the exchange of Estimates, Landlord and Tenant shall each select a broker or agent (an “Agent”) to determine which of the two Estimates most closely reflects the Prevailing Market rate for the Extension Term. Each Agent so selected shall be licensed as a real estate broker or agent and in good standing with the California Department of Real Estate, and shall have had at least five (5) years’ experience within the previous 10 years as a commercial real estate broker or agent working in San Jose, California, with working knowledge of current rental rates and leasing practices relating to buildings similar to the Building. 2. If each party selects an Agent in accordance with Section 7.3.B.1 above, the parties shall cause their respective Agents to work together in good faith to agree upon which of the two Estimates most closely reflects the Prevailing Market rate for the Extension Term. The Estimate, if any, so agreed upon by such Agents shall be final and binding on both parties as the Prevailing Market rate for the Extension Term and may be entered in a court of competent jurisdiction. If the Agents fail to reach such agreement within 20 days after their selection, then, within 10 days after the expiration of such 20-day period, the parties shall instruct the Agents to select a third Agent meeting the above criteria (and if the Agents fail to agree upon such third Agent within 10 days after being so instructed, either party may cause a court of competent jurisdiction to select such third Agent). Promptly upon selection of such third Agent, the parties shall instruct such Agent (or, if only one of the parties has selected an Agent within the 7-day period described above, then promptly after the expiration of such 7-day period the parties shall instruct such Agent) to determine, as soon as practicable but in any case within 14 days after his selection, which of the two Estimates most closely reflects the Prevailing Market rate. Such determination by such Agent (the “Final Agent”) shall be final and binding on both parties as the Prevailing Market rate for the Extensi...

Dispute Resolution Procedure. 24.1 If a dispute arises out of or in connection with this contract or the performance, validity or enforceability of it (“Dispute”) then except as expressly provided in this contract, the Parties shall follow the procedure set out in this clause: 24.1.1 either Party shall give to the other written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”), together with relevant supporting documents. On service of the Dispute Notice, the HEE Representative and the Provider Representative shall attempt in good faith to resolve the Dispute; 24.1.2 if the HEE Representative and Provider Representative are for any reason unable to resolve the Dispute within thirty (30) days of service of the Dispute Notice, the Dispute shall be referred to a Director of HEE and a senior director of the Provider who shall attempt in good faith to resolve it; 24.1.3 if the Director of HEE and the senior director of the Provider are for any reason unable to resolve the Dispute within thirty (30) days of it being referred to them, the Dispute shall be referred to the CEO of HEE and the CEO of the Provider who shall attempt in good faith to resolve it; and 24.1.4 if the CEO of HEE and the CEO of the Provider are for any reason unable to resolve the Dispute within thirty (30) days of it being referred to them, the Parties shall attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the Parties, the mediator shall be nominated by CEDR. To initiate the mediation, a Party must serve notice in writing (“ADR notice”) to the other Party to the Dispute, requesting a mediation. A copy of the ADR notice should be sent to CEDR. The mediation shall start not later than thirty (30) days after the date of the ADR notice. 24.2 No Party may commence any court proceedings under clause 46.11 (in relation to the whole or part of the Dispute until thirty (30) Business Days after service of the ADR notice, provided that the right to issue proceedings is not prejudiced by a delay. 24.3 If the Dispute is not resolved within thirty (30) Business Days after service of the ADR notice, or either Party fails to participate or to continue to participate in the mediation before the expiration of the said period of thirty (30) Business Days, or the mediation terminates before the expiration of the said period, the Dispute shall be finally resolved by the courts of England and Wales in accordance with clause 46.11.

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by discussions between the Employee or Employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee or Employees concerned and more senior levels of management as appropriate. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Dispute Resolution Procedure. 18.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety. 18.2 In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed: (i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader. (ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable. (iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee. (iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code). 18.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4). 18.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a disput...

Dispute Resolution Procedure. Except as otherwise stated in this Agreement, the parties shall resolve all disputes in accordance with the following procedure: (a) Each party shall promptly negotiate in good faith to resolve all disputes, controversies or claims arising out of or relating to this Agreement or the performance hereunder (a "Dispute"). In the event that the parties cannot resolve the Dispute in such manner, they shall immediately refer the Dispute to each party's CFO or such other senior executives as may be mutually agreed upon by the parties from time to time. If such executives do not agree upon a decision within a reasonable amount of time after referral of the Dispute to them (but in no event more than thirty (30) days from the date the party that determines there is a Dispute becomes aware of such dispute) they shall submit the Dispute to the following binding arbitration procedures: 1. Any Dispute shall be submitted to binding arbitration, in accordance with the dispute resolution procedures specified in this Section 14. If any of these procedures are determined to be invalid or unenforceable, the remaining procedures shall remain in effect and binding on the parties to the fullest extent permitted by law. 2. The arbitration shall be conducted in accordance with the procedures specified in this Section 14 and the Arbitration Rules for Professional Accounting and Related Services Disputes of the AAA ("AAA Rules"). In the event of a conflict, the provisions of this Section 14 shall control. The arbitration shall be conducted before a panel of three arbitrators, regardless of the size of the Dispute, to be selected as provided in the AAA Rules. 3. Any issue concerning the extent to which any Dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. No potential arbitrator may serve on the panel unless first agreeing in writing to abide and be bound by these procedures. The arbitrators may not award non-monetary or equitable relief of any sort. They shall have no power to award damages inconsistent with the Agreement or punitive damages or any other damages not measured by the prevailing party's actual damages, and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. In no event, even if ...

Dispute Resolution Procedure. 9.1 This clause sets out the procedure to settle a dispute relating to any employment matter including: (a) a matter arising under the agreement, or (b) the NES, or (c) whether the employee had reasonable business grounds under subsection 65(5) of the Act (requests for flexible working arrangements) or 76(4) of the Act – (requests for extending unpaid parental leave) 9.2 In the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate. 9.3 If a dispute is unable to be resolved at the workplace, and all appropriate steps under Clause 9.2 have been taken, a party to the dispute may refer the dispute to FWC, or other appropriate statutory tribunal. 9.4 Unless otherwise stated in this Agreement, the parties agree that FWC shall have the power to do all such things as are necessary for the just resolution of the dispute including mediation, conciliation and finally arbitration. 9.5 Where the matter in dispute remains unresolved, FWC may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement dispute. 9.6 An employer or employee may appoint another person, organisation or association, which may include the Union/s, to accompany and/or represent them for the purposes of this clause. 9.7 While the dispute resolution procedure is being conducted work must continue in accordance with this Agreement and the Act. 9.8 Subject to work health and safety legislation, an employee must not unreasonably fail to comply, with a direction by the employer to perform work, whether at the same or another workplace that is safe and appropriate for the employee to perform.

Dispute Resolution Procedure. 18.1 The Parties will work in good faith to resolve any dispute amicably. The Parties will first attempt to resolve a dispute at an operational level within thirty (30) days of the date one Party notifies the other of such dispute. If the dispute is unresolved at that level within that period, the Parties’ representatives at director level or above shall then meet within a further period of two (2) weeks, or as otherwise agreed between the Parties, to seek to resolve the dispute. If the Parties are then unable to resolve the dispute at this Director level within thirty (30) days, either Party shall have the right in accordance with Clause 26 to pursue all available legal or equitable remedies available to it. Nothing shall preclude either Party from seeking equitable relief at any time in a court of competent jurisdiction in the event that a risk of irreparable harm to that Party exists and no appropriate remedy for such harm exists at law.