Compulsory Mediation Clause Examples

The Compulsory Mediation clause requires parties to engage in mediation before pursuing litigation or arbitration to resolve disputes arising under the agreement. Typically, this means that if a disagreement occurs, both parties must attempt to settle the matter through a neutral third-party mediator within a specified timeframe, and only if mediation fails can they escalate the dispute to court or arbitration. This clause's core function is to encourage amicable resolution, reduce legal costs, and avoid lengthy court proceedings by mandating an initial, collaborative attempt to resolve conflicts.
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Compulsory Mediation. (a) After the notification and reply process has been completed the Chairman may appoint a mediator from among the members of the Grievance Tribunal, or any other suitably qualified mediator. (b) If the dispute concerns a specialised area, the Chairman shall endeavour to appoint a mediator who has expertise in that specialised area. (c) The parties must meet with the mediator as soon as practicable and in good faith to resolve the dispute. (d) Each party must be represented at the mediation by a party with authority to make a binding decision and enter into a binding settlement agreement. (e) The mediator will notify the Secretary as soon as: (i) the parties have resolved the dispute; or (ii) the mediator has determined that the parties have been unable to resolve the dispute through mediation. (f) Absent an agreement by the parties, the mediator shall determine any applicable time limits for such mediation and the terms and conditions upon which such mediation shall take place.
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Compulsory Mediation. Any unresolved claim, controversy or dispute against the WBC, must be submitted to non-binding mediation in accordance with the following procedures, within thirty (30) days after exhaustion of the administrative procedures outlined in Rule 5.2: a) The parties must, in good faith, attempt to select a neutral mediator to conduct the mediation. The eligible candidate must be neutral and have experience in the sport of boxing or in resolving boxing disputes. b) In the event that the parties are unable to agree on a mediator, each party shall nominate two qualified candidates from the CAS Pool of Mediators. c) The mediator shall be selected at random from the four (4) candidates selected by the parties from the CAS Pool of Mediation. d) The mediation shall be conducted in accordance with procedures prescribed by the selected mediator and at a convenient location designated by the mediator. The mediator’s expenses shall be shared equally by the parties who participate in the mediation. e) The mediation shall be completed within thirty (30) days after the mediator is selected, in accordance with the procedures in this Rule. f) The parties to the mediation must agree to mediate in good faith in a meaningful attempt to resolve the controversy, claim or dispute.
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Compulsory Mediation. (a) The parties hereby agree to attempt in good faith promptly to resolve any disputes or claims other than those relating to Section 2.2 (Post-Closing Adjustment) or Section 5.17 (Restrictive Covenant) (each a "Dispute") arising out of or relating to this Agreement first by negotiations, then by mediation. Upon the written request of either party, the Dispute will be referred for negotiation to representatives of the parties who have no direct operational responsibility for the matters involved in the Dispute and who have appropriate authority to resolve the Dispute. If these representatives have not agreed on a resolution within 15 days of the referral to them, then either party may give the other party written notice (the "Dispute Notice") of the Dispute and within 15 days after receipt of the Dispute Notice, the receiving party shall submit to the sending party a written response. The Dispute Notice and the response shall: (i) state each party's position and summarize the arguments supporting that position; (ii) state the amount of the Dispute or any counterclaim; (iii) specify the requested relief; and (iv) state the name and title of the officers who have the authority to settle the controversy. Within 30 days after delivery of the Dispute Notice, the parties shall meet in the Borough of Manhattan in the City of New York and shall commence non-binding mediation in respect of the Dispute in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") (except (A) as otherwise provided herein and (B) that, to the extent the parties have mutually agreed not to submit the Dispute to be administered by the AAA, all references in such rules to the AAA including filings, determinations or appointments to be made with or by the AAA shall be disregarded and shall be deemed to be references to the parties) before a mediator to be mutually agreed upon by the parties; provided, that if the parties cannot mutually agree upon a mediator within such 30-day period, then the parties shall promptly submit the Dispute to mediation administered by the AAA under its Commercial Mediation Rules. All communications made in connection with either negotiations or mediation pursuant to this clause shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and as such shall be deemed inadmissible in any subsequent proceeding (pursuant to the provisions of Section 10.
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Compulsory Mediation. Following any Mediation Notice delivered in accordance with Section 30.1, the Parties shall cooperate in selecting a qualified neutral mediator from among a panel of neutral persons proposed by the American Arbitration Association, or any other mutually acceptable organization, and in scheduling the time and place of the mediation within thirty (30) days from the Mediation Notice. Within ten (10) days from the Mediation Notice, the Parties shall agree on a single neutral mediator. The Parties agree to participate in the mediation in good faith and to share the costs of the mediation, including the mediator’s fee, equally, but such shared costs shall not include each Party’s own attorneys’ fees and costs, which shall be borne solely by such Party. If the Parties are unable to resolve their dispute through mediation within sixty (60) days following the Mediation Notice, then either Party may pursue any other remedies available at law or in equity, including liens, with respect to those issues set forth in the Mediation Notice. Notwithstanding anything to the contrary in this Section 30.2, in the event Contractor’s lien rights under Applicable Law would expire prior to the end of the foregoing sixty-day period following the Mediation Notice, then Contractor shall be entitled to take such actions as are necessary to timely preserve its lien rights under Applicable Law during such sixty-day period.
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Compulsory Mediation. Any unresolved claim, controversy, or dispute involving the WBC must be submitted to non-binding mediation in accordance with the following procedures within thirty (30) days after exhaustion of the administrative procedures outlined in Rule 5.
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Compulsory Mediation. If the shareholders do not agree within five business days of receipt of that notice as to: (i) The dispute resolution technique and procedures to be adopted; (ii) The timetable for all steps in those procedures; and (iii) The selection and compensation of the independent person required or such technique; the shareholders must mediate the dispute in accordance with the mediation rules of the Australian Disputes Centre, with the mediator to be selected and the mediation organised by them or a similar organisation agreed to by all parties.
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Compulsory Mediation. If the Dispute remains unresolved 30 days after the first meeting of the authorised representatives referred to in clause 10.3
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Compulsory Mediation. Either party to this Agreement may demand in writing that the other party shall participate in a mediation prior to the adjudication or arbitration of any dispute. The mediation shall be conducted by a neutral mediator selected by written agreement of the parties or, if written agreement cannot be achieved in ten (10) days, then by JAMS (or such other recognized neutral mediation service if JAMS is not available). The mediation shall not last longer than eight (8) hours unless the parties agree to continue the mediation in excess of this limitation. The Company shall pay the cost of the mediator’s fees. The mediation shall be completed within thirty (30) days of any party’s written request for mediation. This mediation provision can be waived by the express written agreement of both parties. However, if one party demands mediation pursuant to this provision, and the other party refuses to timely participate in the mediation, then the party refusing to comply with this provision only shall be subject to an award of attorney’s fees against the refusing party if the requesting party is determined to be the prevailing party by any arbitrator or court.
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Related to Compulsory Mediation

  • 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.

  • Voluntary Mediation a) The central parties may, on mutual agreement, request the assistance of a mediator. b) Where the central parties have agreed to mediation, the cost shall be shared equally between the central parties. c) Timelines shall be suspended for the period of mediation.

  • 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.

  • 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.