DISPUTE SETTLEMENT AND MEDIATION Sample Clauses

DISPUTE SETTLEMENT AND MEDIATION. Xxxxxxxx and Student agree to work together in good faith toward the resolution of any dispute arising out of or related to this Contract. In the event Landlord and Student are unable to resolve a dispute, Landlord and Student both agree to participate in at least one formal mediation session provided at no cost by BYU-ldaho, through a University-designated mediator, before pursuing any other remedies. Notwithstanding the forgoing, claims for non- payment of rent are not subject to mediation unless rent was not paid because Student disputes the validity of the Contract.
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DISPUTE SETTLEMENT AND MEDIATION. Xxxxxxxx and Student agree to work together in good faith toward the resolution of any dispute arising out of or related to this Contract. In the event Landlord and Student are unable to resolve a dispute, Landlord and Student both agree to participate in at least one formal mediation session provided at no cost by BYU- Idaho, through a University-designated mediator, before pursuing any other remedies generally available at law. Unpaid rents are not subject to this mediation requirement unless rent was not paid because Student disputes the validity of the Roommate Requests: Contract. Student Signature Date Landlord Signature Date Updated December 2020 Brighton Apartments & Townhouses – Addendum to the Contract ADVERTISING: No advertising or soliciting is permitted on property. Solicitors should be reported to the manager.
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DISPUTE SETTLEMENT AND MEDIATION. Xxxxxxxx and Student agree to work together in good faith toward the resolution of any dispute arising out of or related to the Agreement. In the event Landlord and Student are unable to resolve a dispute, all such controversies shall be submitted to the Center for Peace and Conflict Resolution (“CPCR”) for mediation and if mediation is unsuccessful, binding arbitration. Unpaid rents are not required to go to mediation and arbitration, at the option of Landlord, unless rent was not paid because Student disputes the validity of the Agreement, in which case it must go to mediation. Statutory claims related to the habitability of the premises under the Utah Fit Premises Act are also not subject to this mediation and arbitration requirement and may be brought in litigation or through mediation and arbitration as described in this section. Both parties agree to be governed by the Mediation Rules of the CPCR unless the CPCR declines to mediate the controversy. If mediation fails to resolve the problem, either party may request arbitration by the CPCR. If either party requests arbitration, both parties agree to submit to the jurisdiction of the CPCR and be bound by its decision as rendered in accordance with its rules and regulations. The parties agree that the CPCR arbitrators have the right to determine all questions of law and fact and may grant any remedy or relief that the arbitrators deem just and equitable including specific performance. Any BYU student who fails to comply with an arbitrator’s decision or a final court decision related to this agreement may have a hold placed on his or her university records and a stop and discontinuance on registration. If Landlord fails to comply with such decision(s), Landlord will be in breach of this Agreement and may not be offered another Agreement to Provide BYU Off-Campus Contracted Housing. If civil court action is pursued to enforce the terms of this Agreement, mediation agreement, or the arbitration award, the non- prevailing party agrees to pay all costs in connection therewith, including reasonable attorneys’ fees.
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Related to DISPUTE SETTLEMENT AND MEDIATION

  • 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.

  • Good Offices, Conciliation and Mediation 1. Good offices, conciliation and mediation are procedures that are undertaken voluntarily if the parties to the dispute so agree.

  • Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

  • Mediation Services If we are unable to resolve the problem, then either party can contact the Department of Labour Mediation Service (a government department) for free assistance. The mediator will try to help us resolve the problem, but won’t make a decision as to who is right or wrong unless both parties want this.

  • Scope, Consultations, Mediation and Conciliation Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled amicably or through consultations, mediation or conciliation.

  • Mediation Procedure The Chairman shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere to the following procedure:

  • GRIEVANCE PROCEDURE & ARBITRATION 36.01 Any complaint, disagreement or difference of opinion between the Company and the Union, or the employees, which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Agreement, shall be considered as a grievance.

  • DISPUTE SETTLEMENT PROCEDURE A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site xxxxxxx or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site xxxxxxx may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site xxxxxxx shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

  • Mediation Service The Mediation Service is a free and independent service available through MBIE. This service helps to resolve employment relationship problems and generally to promote the smooth conduct of employment relationships. Mediation is a mutual problem solving process, with the aim of reaching an agreement, assisted by an independent third party. If the parties can’t reach a settlement they can ask the mediator, in writing, to make a final and binding decision. A settlement reached through mediation and signed by the mediator at the request of the parties is final, binding and enforceable. Neither party can then take the matter any further and either party can be made to comply with the agreed settlement by court order. If the problem is unresolved through mediation either party may apply to have the matter dealt with by the Employment Relations Authority.

  • GRIEVANCE PROCEDURE AND ARBITRATION 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

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