M ediation Sample Clauses

The Mediation clause establishes a process for resolving disputes between parties through a neutral third-party mediator before pursuing litigation or arbitration. Typically, this clause requires that if a disagreement arises under the contract, the parties must first attempt to resolve it by engaging in good faith mediation, often within a specified timeframe and possibly using a designated mediation service. Its core practical function is to encourage amicable settlement of disputes, saving time and costs associated with formal legal proceedings and preserving business relationships.
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M ediation. Prior to the commencement of arbitration or litigation, each party agrees, upon the written request of the other party, to submit the claims to a mediator and to negotiate in good faith in an attempt to reach a settlement of the claims. Mediation shall be governed by the Construction Industry Mediation Rules of the American Arbitration Association. Neither party shall proceed with arbitration nor litigation while mediation is ongoing, except as otherwise provided in Section 13.7.
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M ediation. The parties agree to use mediation for dispute resolution prior to and formal legal action being taken on this Contract.
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M ediation. If the dispute cannot be resolved through negotiation within fifteen (15) days after notice of the dispute, then the Parties agree to submit the dispute to non-binding mediation before a mutually agreeable mediator, or if agreement on a mediator cannot be reached, then a mediator supplied by the American Arbitration Association. The complaining Party shall initiate the mediation, which shall commence within sixty (60) days after notice of the dispute was first given, unless extended by mutual agreement of the disputing Parties. The disputing Parties shall share equally in the costs of the mediation, including the mediator’s fees and expenses, with each Party bearing its own legal fees and costs, if any, associated with the mediation. The mediation shall occur in a location upon which the disputing Parties mutually agree, or at a location determined by the mediator.
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M ediation. It is agreed that the parties will jointly request the Federal Mediation and Conciliation Service (FMCS) if either party to this Agreement determines that the assistance of a mediator would be helpful. Should FMCS be unavailable, the parties shall immediately commence discussion as to a replacement. In the event the parties cannot agree upon a replacement, the Illinois Educational Labor Relations Board shall be notified.
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M ediation. A proper and timely appeal of the Claims Examiner’s decision shall be submitted to non-binding mediation within fifteen (15) Days following all parties’ receipt of the notice of appeal and such appeal shall be reviewed by the mediator de novo. The presiding mediator shall be an individual mutually acceptable to Owner and Design-Builder, unless the parties cannot agree, in which case each party shall select a temporary mediator and the temporary mediators shall jointly select a presiding mediator. Owner and Design-Builder shall pay their own costs and expenses and the cost of the mediator shall be split equally between the two parties. The schedule, time and place for mediation will be mutually acceptable to Owner and Design-Builder, unless the parties cannot agree, in which case the mediation venue shall be at or in close proximity to the Site. .1 Owner and Design-Builder acknowledge and agree that, subject to Claim Preservation as set forth below, participation in mediation shall be a prerequisite to litigation of any Contract Documents disputes. Owner and Design-Builder shall use best efforts in good faith to resolve through the mediation process all Major Claims within sixty (60) Days of the commencement of such mediation (the “Mediation Period”). However, if the Major Claims are not resolved within ninety (90) Days of the commencement of such mediation, the parties shall have the option to file a lawsuit in accordance with Section 12.2.4 below and adjudicate those undecided issues, notwithstanding the requirement to mediate as a condition precedent to filing suit. Additionally, if a lawsuit must be filed within the Mediation Period in order to preserve a cause of action (a “Claim Preservation”), Owner and Design-Builder agree that they will nevertheless proceed diligently to mediate the Claim to its conclusion prior to actively prosecuting the lawsuit. As such, Owner and Design-Builder shall seek from the Court presiding over the Claim Preservation lawsuit such stays and extensions, including the filing of an answer, as may be necessary to mediate effectively. Further, if during the Mediation Period Owner and Design-Builder 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. .2 The parties agree to comply with Owner’s Standard Requirements, which may include but are not...
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M ediation. If the Parties are required to enter into mediation in accordance with Clause 20.1(d):
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M ediation. In the event that the Parties fail to reach an informal agreement, then the Parties shall attempt to resolve the matter by agreeing to mediate before a neutral mediator in San Francisco, California. The Parties shall work together on choosing a mediator. The Parties agree to split associated costs and agree to conduct mediation within a reasonable time and no later than thirty (30) days from the date of the action giving rise to the dispute.
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M ediation. If the dispute cannot be resolved by the personnel directly involved, the parties will conduct the following mediation process before invoking formal arbitration: 1. Each party will designate a representative with appropriate authority to be its representative in the mediation of the dispute. a. Either representative may request the assistance of a qualified mediator. If the parties cannot agree on the qualified mediator within 5 days of the request for a mediator, a qualified mediator will be appointed by the Chairperson of the Alternative Dispute Resolution Committee of the State Bar of Wisconsin, or if the Chair fails to appoint a mediator, by the American Arbitration Association. b. The mediation session shall take place within 45 days of the appointment of the respective representatives designated by the parties, or the designation of a mediator, whichever occurs last. c. In the event that a mediator is used, each party shall provide the mediator with a brief memorandum setting forth its position with regard to the issues that need to be resolved at least 120 days prior to the first scheduled mediation session. The parties will also produce all information reasonably required for the mediator to understand the issues presented. The mediator may require either party to supplement such information. d. The mediator does not have authority to impose a settlement upon the parties but will attempt to help the parties reach a satisfactory resolution of their dispute. All mediation sessions are private. The parties and their representatives may attend mediations sessions. Other persons may attend only with the permission of the parties and with the consent of the mediator. The parties shall not rely on, or introduce as evidence in any arbitrable, judicial, or other proceeding, views expressed or suggestions made by the other party with respect to a possible settlement of the dispute, or admissions made by the other party in the course of the mediation proceedings. e. The expense of a mediator, if any, shall be borne equally by the parties.
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Related to M ediation

  • Negotiation and Mediation If either party serves written notice of a Dispute upon the other party (a “Dispute Notice”), the parties will first attempt to resolve the Dispute by direct discussions between representatives of the parties who have authority to settle the Dispute. In the event the Dispute is not resolved within 15 days by the initial representatives to whom the matter is referred, the Dispute will be escalated for resolution to the CFO of each party. If the parties agree, they may also attempt to resolve the Dispute through mediation administered by a mutually agreed upon mediator.

  • Mediation Process A. Mediation is a form of Alternative Dispute Resolution (ADR) that may be requested by the City or the PBA. It is an alternative, not a substitute for the formal arbitration process contained in Section 19.8 above. Mediation is an informal process in which a neutral third party assists the opposing parties in reaching a voluntary, negotiated resolution of a charge of discipline. The decision to mediate is completely voluntary for the PBA and the City. Mediation gives the parties the opportunity to discuss the issues raised in the charging document, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement and, ultimately, incorporate those areas of agreement into solutions. A mediator does not resolve the charge or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution. The mediation process is strictly confidential. Information disclosed during mediation will not be revealed to anyone. B. If both parties agree, a mediation session conducted by a trained and experienced mediator shall be scheduled at a mutually convenient date and time. Either party may choose to have an attorney represent them during mediation. Persons attending the mediation session shall have the authority to resolve the dispute. If mediation is unsuccessful, the parties may proceed to follow the provisions for Arbitration. Information disclosed during mediation will not be revealed to anyone. C. The parties and, if they desire, their representatives and/or attorneys, are invited to attend a mediation session. No one else may attend without the permission of the parties and the consent of the mediator(s). D. The mediator(s) will not function as the representative of either party. However, the mediator(s) may assist the parties in understanding their rights and the terms of any proposed settlement agreement. Each party acknowledges being advised to seek independent legal review prior to signing any settlement agreement. E. The parties acknowledge that the mediator(s) possesses the discretion to terminate the mediation at any time of any impasse occurs or either party or the mediator deems the case inappropriate for mediation. F. Prior to mediation, both the City and the PBA (or Employee, only in disciplinary matters) shall enter into a confidentiality agreement, as follows: 1. This is an agreement by the parties to participate in a mediation involving the City against the above named employee. The parties understand that mediation is a voluntary process, which may be terminated at any time. 2. The parties agree to participate voluntarily in mediation in an effort to resolve the charge(s) filed by the City. 3. The parties agree that all matters discussed during the mediation are confidential, unless otherwise discoverable, and cannot be used as evidence in any subsequent administrative or judicial proceeding. Confidentiality, however, will not extend to threats of imminent physical harm or incidents of actual violence that occur during the mediation. 4. Any communications between the mediator(s) and/or the parties are considered dispute resolution communications with a neutral and will be kept confidential. 5. The parties agree not to subpoena the mediator(s) or compel the mediator(s) to produce any documents provided by a party in any pending or future administrative or judicial proceeding. The mediator(s) will not voluntarily testify on behalf of a party in any pending or future administrative or judicial proceeding. The parties further agree that the mediator(s) will be held harmless for any claim arising from the mediation process. 6. The parties recognize and agree that the City is subject to Chapter 119, Fla. Stat., relating to public documents. Therefore, all information including all notes, records, or documents generated during the course of the mediation shall be subject to the exemption contained in Section 119.071 (d)(1), Fla. Stats., until the settlement of the matter, or the conclusion of the arbitration, if any, with the exception of the personal notes of the mediator. 7. If a settlement is reached by all the parties, the agreement shall be reduced to writing and when signed shall be binding upon all parties to the agreement, unless the agreement requires City Commission approval, in which case the agreement will not become binding until publicly approved by the City Commission. Said agreement shall be subject to the provisions of Chapter 119, Fla. Stats. If the charge(s) is not resolved through mediation, the parties may proceed to follow the provisions for arbitration.

  • Mandatory Mediation Prior to and as a condition of either Party’s filing suit in state or federal court, the Parties shall engage in a mediated settlement conference in accordance with the North Carolina Superior Court Rules Implementing Statewide Mediation. The Parties shall mediate in good faith until settlement is reached or an impasse is declared by the mediator.

  • Grievance Mediation Nothing in this Article precludes the Parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The agreement shall be made in writing and stipulate the name of the person and the time line for grievance mediation to occur.

  • Dispute Resolution; Mediation (a) Either party may commence the dispute resolution process of this Section 8.2 by giving the other party written notice (a “Dispute Notice”) of any controversy, claim or dispute of whatever nature arising out of or relating to or in connection with this Agreement, any Ancillary Agreement or the breach, termination, enforceability or validity thereof (a “Dispute”) which has not been resolved in the normal course of business or as provided in the relevant Ancillary Agreement. The parties shall attempt in good faith to resolve any Dispute by negotiation between executives of each party (“Senior Party Representatives”) who have authority to settle the Dispute and, unless discussions between the parties are already at a senior management level, who are at a higher level of management than the Persons who have direct responsibility for the administration of this Agreement or the relevant Ancillary Agreement. Within fifteen (15) days after delivery of the Dispute Notice, the receiving party shall submit to the other a written response (the “Response”). The Dispute Notice and the Response shall include (i) a statement setting forth the position of the party giving such notice and a summary of arguments supporting such position and (ii) the name and title of such party’s Senior Party Representative and any other Persons who will accompany the Senior Party Representative at the meeting at which the parties will attempt to settle the Dispute. Within thirty (30) days after the delivery of the Dispute Notice, the Senior Party Representatives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. The parties shall cooperate in good faith with respect to any reasonable requests for exchanges of Information regarding the Dispute or a Response thereto. (b) If the Dispute has not been resolved within sixty (60) days after delivery of the Dispute Notice, or if the parties fail to meet within thirty (30) days after delivery of the Dispute Notice as hereinabove provided, the parties shall make a good faith attempt to settle the Dispute by mediation pursuant to the provisions of this Section 8.2 before resorting to arbitration contemplated by Section 8.3 or any other dispute resolution procedure that may be agreed by the parties. (c) All negotiations, conferences and discussions pursuant to this Section 8.2 shall be confidential and shall be treated as compromise and settlement negotiations. Nothing said or disclosed, nor any document produced, in the course of such negotiations, conferences and discussions that is not otherwise independently discoverable shall be offered or received as evidence or used for impeachment or for any other purpose in any current or future arbitration. (d) Unless the parties agree otherwise, the mediation shall be conducted in accordance with the CPR Institute for Dispute Resolution Model Procedure for Mediation of Business Disputes in effect on the date of this Agreement by a mediator mutually selected by the parties. (e) Within thirty (30) days after the mediator has been selected as provided above, both parties and their respective attorneys shall meet with the mediator for one (1) mediation session, it being agreed that each party representative attending such mediation session shall be a Senior Party Representative with authority to settle the Dispute. If the Dispute cannot be settled at such mediation session or at any mutually agreed continuation thereof, either party may give the other and the mediator a written notice declaring the mediation process at an end. (f) Costs of the mediation shall be borne equally by the parties involved in the matter, except that each party shall be responsible for its own expenses. (g) Any Dispute regarding the following matters is not required to be negotiated or mediated prior to seeking relief from an arbitrator or, if applicable, from a court pursuant to Section 10.14: (i) breach of any obligation of confidentiality or waiver of Privilege; and (ii) any other claim where interim relief is sought to prevent serious and irreparable injury to one of the parties. However, the parties to the Dispute shall make a good faith effort to negotiate and mediate such Dispute, according to the above procedures, while such arbitration is pending.