Common use of Mediation Followed by Binding Arbitration Clause in Contracts

Mediation Followed by Binding Arbitration. The parties agree that if the Senior Officers are unable to resolve the Dispute pursuant to the preceding paragraph, either party may submit the Dispute to JAMS, Inc. (▇▇▇.▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇-▇▇▇-▇▇▇▇, "JAMS"), or its successor, for mediation, and if the Dispute is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration. Any party to this Agreement may commence mediation by providing to JAMS and the other parties a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings promptly, not later than 20 days after such request for mediation. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or 45 days after Securityholder Agreement the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this Clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys' fees, to be paid by the party against whom enforcement is ordered.

Mediation Followed by Binding Arbitration. The parties agree that if the Senior Officers are unable to resolve the Dispute pursuant to the preceding paragraph, either party may submit “Disputes” (as defined below) by submitting the Dispute to JAMS, Inc. (▇▇▇.▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇-▇▇▇-▇▇▇▇, "JAMS"), or its successor, for mediationmediation in the State of New York, and if the Dispute is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitrationarbitration under the American Arbitration Association, the site of which arbitration shall be New York, NY. Any party to this Agreement may commence mediation by providing to JAMS and the other parties a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings promptly, not later than 20 days after such request for mediation. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts experts, and attorneys, and by the mediator or any JAMS employeesmediator, are confidential, privileged privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or 45 days after Securityholder Agreement the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this Clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this Clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees fees, and expenses, including attorneys' attorney fees, to be paid by the party against whom enforcement is ordered.

Mediation Followed by Binding Arbitration. The parties agree that if the Senior Officers are unable to resolve the Dispute pursuant to the preceding paragraph, either party may submit “Disputes” (as defined below) by submitting the Dispute to JAMS, Inc. (▇▇▇.▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇-▇▇▇-▇▇▇▇, "JAMS"), or its successor, for mediationmediation in the State of New York, and if the Dispute is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitrationarbitration under the American Arbitration Association, the site of which arbitration shall be New York, NY. Any party to this Subscription Agreement may commence mediation by providing to JAMS and the other parties a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings promptly, not later than 20 days after such request for mediation. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts experts, and attorneys, and by the mediator or any JAMS employeesmediator, are confidential, privileged privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or 45 days after Securityholder Agreement the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this Clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this Clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees fees, and expenses, including attorneys' attorney fees, to be paid by the party against whom enforcement is ordered.

Mediation Followed by Binding Arbitration. The parties agree that if the Senior Officers are unable to resolve the Dispute pursuant to the preceding paragraph, either party may submit “Disputes” (as defined below) by submitting the Dispute to JAMS, Inc. (▇▇▇.▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇-▇▇▇-▇▇▇▇, "JAMS"), or its successor, for mediationmediation in the State of Florida, and if the Dispute is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration. arbitration under the Judicial Arbiter Group, Inc. (w▇▇.▇▇▇▇▇▇.▇▇▇), the site of which arbitration shall be Chula Vista, California Any party to this Subscription Agreement may commence mediation by providing to JAMS and the other parties a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings promptly, not later than 20 days after such request for mediation. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts experts, and attorneys, and by the mediator or any JAMS employeesmediator, are confidential, privileged privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-non- discoverable as a result of its use in the mediation. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or 45 days after Securityholder Agreement the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this Clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this Clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees fees, and expenses, including attorneys' attorney fees, to be paid by the party against whom enforcement is ordered.

Mediation Followed by Binding Arbitration. The parties agree that if the Senior Officers are unable to resolve the Dispute pursuant to the preceding paragraph, either party may submit “Disputes” (as defined below) by submitting the Dispute to JAMS, Inc. (▇▇▇.▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇-▇▇▇-▇▇▇▇, "JAMS"), or its successor, for mediationmediation in the State of Colorado, and if the Dispute is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitrationarbitration under the American Arbitration Association, the site of which arbitration shall be Denver, Colorado. Any party to this Agreement may commence mediation by providing to JAMS and the other parties a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings promptly, not later than 20 days after such request for mediation. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts experts, and attorneys, and by the mediator or any JAMS employeesmediator, are confidential, privileged privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or 45 days after Securityholder Agreement the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this Clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this Clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees fees, and expenses, including attorneys' attorney fees, to be paid by the party against whom enforcement is ordered.