Common use of Mandatory Mediation Clause in Contracts

Mandatory Mediation. Any Dispute not resolved pursuant to Section 8.2 shall, at the written request of any party (a “Mediation Request”), be submitted to mandatory mediation in accordance with the International Institute for Conflict Prevention & Resolution (“CPR”) Mediation Procedure (the “Procedure”) then in effect, except as otherwise set forth in this Article VIII. The mediation shall be held in Palo Alto, California or such other place as the parties may mutually agree. The parties shall have twenty (20) days from receipt by a party of a Mediation Request to agree on a mediator. If no mediator has been agreed upon by the parties within twenty (20) days of receipt by a party of a Mediation Request, then any party may request (on written notice to the other party), that CPR appoint a mediator in accordance with the Procedure. If the Dispute has not been resolved within the earlier of sixty (60) days of the appointment of a mediator or ninety (90) days after receipt by a party of a Mediation Request, or within such longer period as the parties may agree to in writing, either party may submit the Dispute to binding arbitration in accordance with Section 8.4; provided, however, that if one party fails to participate in the mediation, the other party may commence arbitration in accordance with Section 8.4 prior to the expiration of the time periods set forth above.

Mandatory Mediation. Any Dispute not resolved pursuant to Section 8.2 shall, at the written request of any party Party (a “Mediation Request”), be submitted to mandatory mediation in accordance with the International Institute for Conflict Prevention & Resolution (“CPR”) Mediation Procedure (the “Procedure”) then in effect, except as otherwise set forth in this Article VIII. The mediation shall be held in Palo Alto, California or such other place as the parties Parties may mutually agree. The parties Parties shall have twenty (20) days from receipt by a party Party of a Mediation Request to agree on a mediator. If no mediator has been agreed upon by the parties Parties within twenty (20) days of receipt by a party Party of a Mediation Request, then any party Party may request (on written notice to the other partyParty), that CPR appoint a mediator in accordance with the Procedure. If the Dispute has not been resolved within the earlier of sixty (60) days of the appointment of a mediator or ninety (90) days after receipt by a party Party of a Mediation Request, or within such longer period as the parties Parties may agree to in writing, either party Party may submit the Dispute to binding arbitration in accordance with Section 8.4; provided, however, that if one party Party fails to participate in either the mediation, the other party Party may commence arbitration in accordance with Section 8.4 prior to the expiration of the time periods set forth above.

Mandatory Mediation. Any Dispute not resolved pursuant to Section 8.2 shall, at the written request of any party Party (a “Mediation Request”), be submitted to mandatory mediation in accordance with the International Institute for Conflict Prevention & Resolution (“CPR”) Mediation Procedure (the “Procedure”) then in effect, except as otherwise set forth in this Article VIII. The mediation shall be held in Palo AltoNew York, California New York or in such other place as the parties Parties may mutually agree. The parties Parties shall have twenty (20) days from receipt by a party Party of a Mediation Request to agree on a mediator. If no mediator has been agreed upon by the parties Parties within twenty (20) days of receipt by a party Party of a Mediation Request, then any party Party may request (on written notice to the other partyParty), that CPR appoint a mediator in accordance with the Procedure. If the Dispute has not been resolved within the earlier of sixty (60) days of the appointment of a mediator or ninety (90) days after receipt by a party Party of a Mediation Request, or within such longer period as the parties Parties may agree to in writing, either party Party may submit the Dispute to binding arbitration in accordance with Section 8.4; provided, however, that if one party Party fails to participate in the mediation, the other party Party may commence arbitration in accordance with Section 8.4 prior to the expiration of the time periods set forth above.

Mandatory Mediation. Any Dispute not resolved pursuant to Section 8.2 shall14.2 will, at the written request of any party Party (a “Mediation Request”), be submitted to mandatory mediation in accordance with the International Institute for Conflict Prevention & Resolution (“CPR”) Mediation Procedure (the “Procedure”) then in effect, except as otherwise set forth in this Article VIIIArticle. The mediation shall will be held in Palo Alto, California or such other place as the parties Parties may mutually agree. The parties shall Parties will have twenty (20) 20 days from receipt by a party Party of a Mediation Request to agree on a mediator. If no mediator has been agreed upon by the parties Parties within twenty (20) 20 days of receipt by a party Party of a Mediation Request, then any party Party may request (on written notice to the other party), Party) that CPR appoint a mediator in accordance with the Procedure. If the Dispute has not been resolved within the earlier of sixty (60) 60 days of the appointment of a mediator or ninety (90) 90 days after receipt by a party Party of a Mediation Request, or within such longer period as the parties Parties may agree to in writing, either party Party may submit the Dispute to binding arbitration in accordance with Section 8.414.4; provided, however, that if one party Party fails to participate in the mediation, the other party Party may commence arbitration in accordance with Section 8.4 14.4 prior to the expiration of the time periods set forth above.