Procedures for Dispute Resolution Clause Samples
The Procedures for Dispute Resolution clause establishes the steps parties must follow to resolve disagreements arising under the contract. Typically, this clause outlines a sequence such as negotiation, mediation, and, if necessary, arbitration or litigation, specifying timelines and the forum for each stage. By providing a clear, structured process, this clause helps prevent escalation of conflicts, encourages amicable settlements, and ensures that both parties understand how disputes will be handled, thereby reducing uncertainty and potential legal costs.
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Procedures for Dispute Resolution. If the parties have any dispute with regard to the results of KPMG, the dispute shall be resolved in the following manner:
(i) during the 30 days after receipt of KPMG's report, each party shall in good faith attempt to resolve any disputes with respect to KPMG's report;
(ii) if such dispute(s) cannot be resolved within 30 days, the party contesting KPMG's report (if contested, the "DISPUTED DETERMINATION") shall notify the other party in writing on the last day of such time period, which notice shall specify in reasonable detail the nature of the dispute including, (i) the disputed term or calculation, (ii) the basis for the dispute with respect to each term or such calculation, and (iii) the adjustments sought with respect to each such term or calculation and each such dispute;
(iii) if, at the end of the 30-day period specified in subsection (i) above, the parties shall have failed to reach a written accord with respect to the Disputed Determination, the disputed issues shall be arbitrated by the Referee, in accordance with the arbitration procedures set forth on EXHIBIT 2.10(C)(III) hereto. The Referee shall act as an expert to determine, based solely on the presentations by the parties, and not by independent review, only those items or calculations in dispute. The parties acknowledge that in submitting disputed items to the Referee, neither party shall be entitled to present items not disputed in the notice of dispute delivered in accordance with Section 2.10(c)(ii). The determination of the Referee with respect to those items in dispute, which shall be made within 30 days of its selection, shall be set forth in a written statement delivered to Crompton and GE, together with the determinations of the parties with respect to those items accepted by the parties (not otherwise affected by this Section 5.22(d)(iv)) or otherwise resolved between Crompton and GE, and shall become the "FINAL DETERMINATION." The decision of the Referee in accordance with the provisions hereof shall be final and binding, and there shall be no right of appeal therefrom except in the event of any fraud or material misrepresentation to the Referee. Each party shall bear the costs, fees and expenses of its own accountants and the costs, fees and expenses of or related to the Referee shall be borne equally, one-half by Crompton and one-half by GE.
Procedures for Dispute Resolution. Any dispute, controversy or claim (a "Dispute") between any parties hereto arising out of or relating to this Agreement shall be resolved in accordance with the procedures described in this Article XI. The parties hereto agree to establish an internal hierarchy to facilitate resolution of these issues as set forth below.
Procedures for Dispute Resolution. 2.1.1 In the event of a dispute about a matter arising under this Agreement or the National Employment Standards the dispute shall be dealt with in accordance with the following procedure:
(a) The matter shall first be discussed between the employee affected and the appropriate supervisor.
(b) If the matter remains unresolved, the matter shall be discussed between the employee and a more senior manager.
(c) If the matter remains unresolved, the matter shall be discussed between the employee and an appropriate representative of the employer (for example, a Human Resources officer).
(d) If the matter remains unresolved after (a) – (c) have been exhausted, either the employer or employee(s) may seek the assistance of the Fair Work Commission (‘FWC’), for resolution of the dispute using conciliation. If the matter remains unresolved after conciliation, a party to the dispute may refer the dispute to the FWC for arbitration.
(e) The decision of the FWC member will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
(f) A party to the dispute may appoint another person, organisation or association to accompany or represent them at any stage of the dispute.
2.1.2 Employees must, while the dispute is being resolved:
(a) continue to work in accordance with their contract of employment, unless the employee has a reasonable concern about an imminent risk to his or her health or safety; and
(b) comply with any reasonable direction given by the employer to perform other available work, either at the same workplace or at another workplace.
2.1.3 In directing an employee to perform other available work, the employer must have regard to:
(a) the provisions (if any) of the law of the Commonwealth or of a State or Territory dealing with occupational health and safety that apply to that employee or that other work; and
(b) whether that work is appropriate for the employee to perform (eg. they have been trained to perform the functions of the other available work).
2.1.4 This dispute resolution procedure will not apply to the dismissal of any employee.
Procedures for Dispute Resolution. (a) The basis of this procedure is that all matters affecting employment should as far as possible be resolved at the Workplace level and without interruption to work. At all stages during this process, an employee is entitled to have another employee or an employee representative present during the discussions
(b) Disputes between a supervisor or a representative of ▇▇▇▇▇▇▇▇▇ and an employee or a group of employees should be referred to the Supervisor or equivalent by either the employee/employees(or their representative, which may include the Transport Workers’ Union) or the supervisor/Armaguard representative. The Supervisor or equivalent will maintain a record of matters discussed.
(c) If not settled, the matter shall then be discussed by the affected employee or employees and the Branch Manager.
(d) In the event that the matter cannot be resolved at Branch level the following procedures shall then apply:- • The Branch Manager will brief the appropriate Human Resources Manager along with a written submission by the employee and their supervisor. • The Human Resources Manager will then consult the appropriate parties to decide the issue and issue a directive in writing.
1. If the matter is not resolved by following the procedure set above under paragraphs (a) to (d), either party may refer the matter to the Australian Industrial Relations Commission for conciliation.
2. If conciliation is unsuccessful, then, provided that all the above steps have been exhausted, that the matter does not constitute an extra claim in the terms envisaged by clause 34, no extra claims, herein, and provided no industrial action is threatened, impending or probable, the AIRC will, at the election of either party, arbitrate in relation to the issue."
(f) The parties may choose to engage external representation in matters appearing before the Australian Industrial Relations Commission or other external bodies.
Procedures for Dispute Resolution. Disputes arising from or relating to the contract shall be settled through friendly consultations; if consensus can not be reached, either party has the right to files suit in the district court.
Procedures for Dispute Resolution. The designated liaison for the State VR agency and the EN will make every effort to informally resolve any disputes arising out of this agreement within 30 days of notification of the dispute. If the liaisons cannot resolve the dispute, it will be referred to (a VR Grants and Contracts person) and the Executive Director (or CEO) of the EN for resolution within 30 days of notification. Any dispute concerning implementation of the provisions of this agreement that has not been resolved through these processes will be referred to the Commissioner/Director of the SVRA for resolution within 30 days of notification. Before rendering a decision with respect to any disputed matter, the Commissioner or his/her designee shall provide the parties with a full and fair opportunity to set forth their positions regarding the matter in dispute and an opportunity to be heard and to offer evidence in support of their positions. Should these informal dispute resolution processes fail to satisfactorily resolve the dispute, either party may seek resolution through OSM in accordance with the procedures delineated in 20 CFR Section 411.435(c). If either the EN or the State VR agency does not agree with OSM’s recommended resolution to the dispute, the EN or the State VR agency may request a decision by Social Security on the matter in dispute. Similar to the Rehabilitation Act of 1973 as amended, the Ticket to Work and Work Incentives Improvement Act of 1999 made the informed choice of beneficiaries a cornerstone of the Ticket program. The choice of the beneficiary regarding Ticket assignment is the deciding factor, regardless of referral procedures that exists in this agreement between the State VR agency and the EN that is party to this agreement. Services provided or paid for by the State VR agency entitle the beneficiary to all of the protections available through the Rehabilitation Act of 1973, as amended, including access to assistance available through the Client Assistance Program (CAP). If the Ticket Holder has a dispute with the EN regarding the services being provided under the beneficiary’s IWP, the EN shall follow the EN’s administrative processes as appropriate. If the dispute cannot be resolved through the EN’s administrative processes, the beneficiary shall be referred to the Protection and Advocacy for Beneficiaries of Social Security (PABSS) program for assistance in resolving the dispute. Nothing in this agreement will impact a Ticket Holder’s rights and respon...
Procedures for Dispute Resolution. If the Controlling Shareholders do not agree with the amounts set forth on the Final Balance Sheet, the Controlling Shareholders shall promptly so notify SEEC. Should the Controlling Shareholders and SEEC be unable to reach agreement on the Final Balance Sheet, the disputed amounts shall be determined by arbitration as described in Section 10.3.2
Procedures for Dispute Resolution. 7.1 In the event of a dispute arising in the workplace the procedure to be followed to resolve the matter is outlined in APPENDIX A of this Agreement.
Procedures for Dispute Resolution