Mediation of Disputes. Neither party shall initiate arbitration or other legal proceedings (except for any claim under Paragraph 8 of this Agreement), against the other party, or, in the case of TSC, any of its directors, officers, employees, agents, or representatives, relating in any way to this Agreement, to Employee’s employment with TSC, the termination of his employment or any or all other claims that one party might have against the other party until 30 days after the party against whom the claim[s] is made (“Respondent”) receives written notice from the claiming party of the specific nature of any purported claim and the amount of any purported damages. Employee and TSC further agree that if Respondent submits the claiming party’s claim to the Center for Public Resources, 680 Fifth Avenue, New York, New York 10019, for nonbinding mediation prior to the expiration of such 30 day period, the claiming party may not institute arbitration or other legal proceedings against Respondent until the earlier of (i) the completion of nonbinding mediation efforts, or (ii) 90 days after the date on which the Respondent received written notice of the claimant’s claim.
Mediation of Disputes. The parties shall endeavor in good faith to settle within 90 days any controversy or claim arising out of or relating to this Agreement or the breach thereof through mediation with JAMS, Endispute or similar organizations. If the controversy or claim is not resolved within 90 days, the parties shall be free to pursue other legal remedies in law or equity.
Mediation of Disputes. No party to this Agreement shall initiate any litigation against any other party to this Agreement concerning any controversy or claim arising out of or relating to this Agreement or any agreements or instruments relating hereto or delivered in connection herewith, including, but not limited to, any claim based on or arising from an alleged tort, unless and until (i) at least 60 days before the same shall be filed, a complete copy of each of the summons and complaint (and/or any other documentation required to initiate such litigation) to be filed by the complaining party shall have been delivered to the other party or parties to any such dispute, and (ii) the complaining party has made itself available to meet in Los Angeles, California with the other party or parties for no more than 3 business days of non-binding mediation. Until and unless such mediation has taken place, the complaining party must give notice to the non-complaining party that it will, and then it must, make itself available for such mediation during at least 20 business days during the 60 days before the date on which such summons and complaint will be filed.
Mediation of Disputes. Any controversy arising out of the performance of this Agreement or regarding its interpretation is subject to a good faith effort at resolution through non-binding mediation before any complaint (whether a civil complaint in court or a complaint in arbitration) may be filed. Mediation is a process in which parties attempt to resolve a dispute by submitting it to an impartial, neutral mediator who is authorized to facilitate the resolution of the dispute but who is not empowered to impose a settlement on the parties. The mediation fee, if any, shall be paid one-half by Sellers and one-half by Buyer. The parties agree to limit the admissibility in any subsequent litigation or proceeding of anything said, any admissions made, and any documents prepared, in the course of mediation, consistent with California Evidence Code section 1152.5. IF ANY PARTY COMMENCES A COURT ACTION OR AN ARBITRATION PROCEEDING BASED ON A DISPUTE OR CLAIM TO WHICH THIS SECTION APPLIES WITHOUT FIRST ATTEMPTING TO RESOLVE THE MATTER IN GOOD FAITH THROUGH MEDIATION, THEN THAT PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEY'S FEES EVEN IF THEY WOULD OTHERWISE BE AVAILABLE TO THAT PARTY IN A SUBSEQUENT COURT ACTION OR ARBITRATION PROCEEDING.
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Mediation of Disputes. The Members agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration. If any party commences an action or arbitration based on a dispute or claim to which this paragraph applies, without first attempting to resolve the matter through mediation, then that party shall not be entitled to recover attorneys fees, even if they would otherwise be available to that party in such action. Mediation shall be held before the Judicial Arbitration and Mediation Service unless the parties mutually agree to use the American Arbitration Association or Real Estate Neutrals or other agreed-upon mediator instead.
Mediation of Disputes. All claims between the parties shall be handled as follows: (i) the parties shall endeavor, in good faith, to settle a claim in an amicable fashion pursuant to Section 2.5.11 hereof, and (ii) if the parties are unable to resolve a claim pursuant to Section 2.5.11 within a reasonable period (but in no event longer than forty-five (45) days) after the claim is submitted to the other party, then the parties shall submit the claim to non-binding mediation with Jams/Endispute or its successor ("JAMS") in San Francisco County, California, before having recourse to a judicial forum. Mediation shall be initiated by the written request of either party and shall be commenced within five (5) days after delivery of such notice. The mediator shall be a neutral third party affiliated with and selected by JAMS. Upon request of the initiating party or JAMS, the other party shall promptly evidence its consent to the mediation if such consent is required to proceed.
Mediation of Disputes. Except as otherwise provided in this Agreement, in any controversy between the parties or any dispute over the provisions of this Agreement, if the parties cannot resolve the dispute to their mutual satisfaction, the matter shall first be submitted to the American Arbitration Association for mediation, then arbitration in the jurisdiction of Michigan in an attempt in good faith to settle such dispute. The terms and procedure for mediation shall be arranged by the Lender. If good-faith mediation of a dispute proves impossible or if an agreed-upon mediation outcome cannot be obtained by the parties, the dispute may be submitted to arbitration in accordance with the rules of the American Arbitration Association. Either party may commence arbitration of the dispute by sending a written request for arbitration to the other party to the dispute. The request shall state the nature of the dispute to be resolved by arbitration, and, if all parties to the dispute agree to arbitration, arbitration shall be commenced as soon as practical after such parties receive a copy of the written request. All parties shall initially share the cost of arbitration (including but not limited to administration fees, arbitrator fee, and the cost for use of facilities during the hearings), but the prevailing party or parties may be awarded attorney fees, costs and other expenses of arbitration. All arbitration decisions shall be final, binding and conclusive on all the parties to arbitration, and legal judgment may be entered based upon such decision in accordance with applicable law in any court having jurisdiction to do so.
Mediation of Disputes. If any Dispute has not been resolved by negotiation as set out above within 90 days of delivery of the notice of Dispute, or if the parties failed to meet within 30 days of delivery of the notice of Dispute, the parties shall endeavor to settle the Dispute by good faith mediation. Upon the expiration of the negotiating period, any party may give written notice of mediation. The parties shall attempt to agree upon a qualified, neutral individual who shall serve as mediator. If the parties fail to agree upon a mediator within 15 days of delivery of the notice of mediation, the mediator will be appointed by the American Arbitration Association from its roster of neutral mediators. The mediation shall occur in Washington, D.C. within 30 days after appointment of a mediator, or at such other time and place as the parties may agree. Any Dispute which remains unresolved 60 days after appointment of a mediator shall be settled by arbitration in accordance with Section 6.4 of this agreement. If a party refuses to participate in the mediation process as provided herein, any other party may immediately initiate arbitration as provided in Section 6.4. The parties shall bear the cost of the mediation equally between them. Each party shall be responsible for its own attorneys' fees relating to the mediation. Other than with respect to its occurrence or the failure to occur, the mediation is in all respects confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. The mediator may not serve as an arbitrator in any subsequent arbitration proceedings concerning the Dispute.