Pre-Arbitration Negotiation Sample Clauses
The Pre-Arbitration Negotiation clause requires parties to attempt to resolve disputes through direct negotiation before initiating formal arbitration proceedings. Typically, this involves a specified period during which the parties must communicate and try to settle their differences, often by escalating the issue to higher management if initial discussions fail. This clause helps to encourage amicable resolution, reduce legal costs, and avoid unnecessary arbitration by providing a structured opportunity for settlement before resorting to more formal dispute resolution mechanisms.
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Pre-Arbitration Negotiation. The Parties agree that at all times, both during and after the term of this Agreement, each of them will make bona fide efforts to resolve by amicable negotiations at the senior level of management, or by mediation, any dispute or difference arising out of or in connection with this Agreement.
Pre-Arbitration Negotiation. To initiate the Resolution Process, a Party shall send a written notice reasonably identifying the Dispute to the other Party with sufficient detail to permit the other Party to evaluate the nature of the Dispute. The President of each Party (or such other officer of such Party as the President may designate) shall, for a period of at least *** days, attempt to resolve the Dispute by good faith negotiations. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the Parties, their agents, employees, experts or attorneys pursuant to this Section 21.1 are confidential and inadmissible for any purpose, including impeachment, in arbitration or any 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 such negotiation. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled during the ***-day resolution period under this Section 21.1 and for *** days thereafter. The Parties will take such action, if any, required to effectuate such tolling.
Pre-Arbitration Negotiation. Except in relation to any arbitration referred to this Article 14 (Dispute Resolution) under Section 8.2.4 (Payment Adjustment for [*]), Section 13.2.2(b)(ii) (CRE Explanation) or Section 13.2.2(c) (Payment Adjustment in Lieu of Termination for Third Party Competitive Product), prior to the commencement of any arbitration hereunder, the Parties, through their respective Executive Officers, will attempt to resolve any dispute for a period of [*].