Formal Dispute. Resolution procedures may not be invoked by either Party with respect to non-billing related disputes earlier than the date that is sixty (60) calendar days after receipt of the letter initiating Dispute Resolution under Section 12.3.1 of this Agreement.
Formal Dispute. If agreement cannot be reached on any issue during the informal dispute resolution process, then the disputing Party shall forward, no later than fifteen (15) days after the end of the informal dispute resolution period, a written statement of dispute to the other Party setting forth the nature of the dispute, the work affected by the dispute, the disputing Party’s technical and legal position regarding the dispute, and the relief requested. The written statement of dispute shall be mailed by the Dispute Resolution Manager for the disputing Party to the Dispute Resolution Manager for the other Party. The Dispute Resolution Managers shall have thirty (30) working days to resolve the dispute from the date of receipt of the written statement of dispute. The resolution of the dispute shall be memorialized in writing. Both parties shall abide by the terms and conditions of any final resolution of the dispute. The Parties shall diligently perform under this Agreement pending the completion of these dispute resolution procedures. If the Dispute Resolution Managers are unable to resolve the dispute within thirty (30) working days of receipt of the written statement of dispute, the Parties will elevate the matter(s) for resolution by the Under Secretary of Energy and the President of USEC. The Under Secretary and President of USEC shall have thirty (30) working days to resolve the dispute from the date of forwarded by the Dispute Resolution Managers. The resolution of the dispute shall be memorialized in writing. Both Parties shall abide by the terms and conditions of any final resolution of the dispute. In the event that the Under Secretary of Energy and the President of USEC do not resolve the matter(s), the parties may pursue whatever remedies they may have at law and equity. The time frames set forth above for reporting and resolution of disputes may be extended by mutual agreement of the Parties, and such agreement shall be in writing.
Formal Dispute. Resolution Process We will work to resolve the dispute together as follows: At a Stage 1 – The Director of People & OD’s Executive Assistant will ensure that a meeting is arranged that is jointly-chaired by the level of management above the manager and an accredited representative of the main union involved in the issue (or the Staff Side Chair if it involves all unions) – with the common purpose of finding a resolution. The meeting will also include representatives of the people so far involved in the issue (management, HR and trade union as appropriate). A Dispute will be activated from the date listed on the Dispute Form (Appendix C). We all aspire to ensure that the (first, if there are more than one) Stage 1 meeting takes place as soon as practical but no longer than within 4 weeks of the formal dispute being made to the Director of People & OD. The aim of discussion at Stage 1 is to explore the issue again with fresh eyes to identify whether a pragmatic agreement can be reached. At a Stage 2 – If after discussion at Stage 1, agreement still cannot be reached, the joint-chairs of the Stage 1 meeting will escalate the issue to Stage 2 by completing a further Dispute Form and sending it to the Director of People & OD. The Director of People & OD’s Executive Assistant will ensure that a meeting is arranged that is jointly-chaired by the Director of People & OD and a relevant Full Time Officer – with the common purpose of finding a resolution. Where there is more than one union involved the unions will agree who is the lead union. If there is no agreement then the Staff Side Chair will decide . The meeting will also include the chairs of Stage 1. Stage 2 of a Dispute will be activated from the date listed on the second Dispute Form (Appendix C). We all aspire to ensure that the (first, if there are more than one) Stage 2 meeting takes place within 4 weeks of the date listed on the second Dispute Form. The aim of discussion at Stage 2 is to continue to explore the issue again with fresh eyes to identify whether a pragmatic agreement can be reached, knowing that this is the last opportunity to do so internally If after discussion at Stage 2, agreement still cannot be reached, management may impose their view on the issue or, with the agreement of both parties, ACAS may be asked to assist the parties in finding a resolution and the issue moves into a Stage 3 dispute. At a Stage 3 – A Stage 3 Dispute is ACAS conciliation. The Director of People & OD and Staff...
Formal Dispute. If you have a dispute with the Bank, we hope to resolve it quickly and easily. First, please contact your Personal Banker to see if they can solve the problem. If the dispute cannot be resolved informally, you and the Bank agree that any dispute between us will be resolved by the arbitration process described in this Section. You and the Bank each agree to waive the right to a jury trial or a trial before a judge in a public court. The only exception to this are claims that may be filed in small claims court. If your unresolved dispute is within the jurisdiction of small claims court, you should file your claim there. Disputes Subject to Arbitration A “dispute” is an unresolved disagreement between you and the Bank or its agents related to your Account, including but not limited to any transactions, any related product or service, this Agreement, any prior deposit account agreement with us, any disclosures or advertising regarding your Account, and your relationship with us, regardless of the legal theory the disputes are based on or whether they arose in the past, may currently exist, or arise in the future. It includes any dispute relating to your use of any Bank location or facility or any means you may use to access your Account, such as an ATM or Online Banking. A dispute also includes any disagreement about whether this Arbitration Agreement is enforceable or valid, the meaning of this Arbitration Agreement, and whether a disagreement is a dispute subject to binding arbitration as provided for hereunder. A dispute does not include the collection by us of a credit obligation and this Arbitration Agreement does not limit our rights to exercise self-help remedies, including setoff or other offset, Account Holds or freezes or repossession. If a third party is also involved in a dispute between you and us, then the third party’s dispute will also be decided in arbitration, and the third party must be named as a party as required under the rules for the arbitration. The arbitrator will decide all issues, including the arbitrability of disputes or the scope, and enforceability of this agreement to arbitrate, the interpretation of the prohibition of class and representative actions and non-individualized relief. The arbitration will be conducted as an individual action between you and the Bank. Neither you nor the Bank are permitted to join or consolidate disputes by or against others as a representative or member of a class, to act in any arbitration in the i...
Formal Dispute. Resolution procedures may not be invoked by either Party with respect to non-billing related disputes earlier than the date that is sixty (60) calendar days after receipt of the letter initiating Dispute Resolution under Section 12.3.1 of this Agreement. Claims Subject to Mandatory Arbitration. The following claims, if not settled through the informal procedure described in Section 11 above (as to billing disputes) will be subject to mandatory arbitration pursuant to Section 12.6 below: Each unresolved billing dispute involving one percent (1%) or less of the amounts charged to the Disputing Party under this Agreement and SBC-13STATE’s Wholesale Operations in the state in which the dispute arises during the twelve (12) months immediately preceding receipt of the letter initiating a billing dispute under Section 11 above. If the disputing Party has not been billed for a minimum of twelve (12) months immediately preceding receipt of the letter initiating a billing dispute under Section 11, the Parties will annualize the actual number of months billed. All Other Claims and Relief. Any claim and any relief other than as specified in Section 12.5.2.1 is not subject to mandatory arbitration. Except to the extent that both parties otherwise agree, either Party may proceed with any remedy available to it pursuant to law or equity before any appropriate judicial or regulatory authority with jurisdiction over the parties and subject matter of the claim which shall be subject to the Limitation of Liability and Indemnity provisions set forth in this Agreement.
Formal Dispute. In the event that mediation is unsuccessful, the controversy or claim arising out of or related to the Agreement, or the breach thereof, shall be settled by arbitration, unless the District, at its sole option, rejects arbitration by so notifying the Supplier. If the District rejects arbitration, the Supplier shall have thirty (30) days from the date of the receipt of the notice of rejection to commence litigation(s) by the service of a summons and complaint upon the District. Failure to effect service upon the District within said time period shall act as a bar to litigation of the claim, which was the subject of the request for arbitration. If the matter is arbitrated, the rules of the American Arbitration Association shall apply. Judgment on such awards may be entered by Nevada courts. The parties agree that no attorneys’ fees may be awarded by any arbitrator to any party or sub-tier party that arise out of or relate to any and all claims and other disputes pertaining to the Agreement (in any case)
Formal Dispute. Resolution Step 1 A grievance shall be submitted, in writing, by the Union to the Clinical Service Manager or designate indicating the Article claimed to have been violated, the nature of the grievance, and the redress sought within ten (10) days of the occurrence of the act causing the grievance or within ten (10) days of the time when the Employee first became aware that a grievance had allegedly occurred. The Clinical Service Manager or designate shall meet with the grievor and Union Xxxxxxx or Union Staff Representative within ten (10) days of receiving the grievance and shall render a written decision, within fifteen (15) days of the grievance meeting, with a copy to the Union.
