Alternative Dispute Resolution Procedures Clause Samples
The Alternative Dispute Resolution Procedures clause establishes a process for resolving disputes between parties without resorting to litigation. Typically, this clause requires parties to engage in methods such as negotiation, mediation, or arbitration before filing a lawsuit, and may outline specific steps, timelines, or the selection of a neutral third party. Its core function is to provide a structured, often less adversarial and more cost-effective means of resolving conflicts, thereby reducing the time, expense, and uncertainty associated with court proceedings.
Alternative Dispute Resolution Procedures. 11.1 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach or performance hereof, including, but not limited to, any disputes concerning the interpretation of the terms and provisions hereof, shall be resolved through the use of the following procedures:
(a) The Parties will initially attempt in good faith to resolve any disputes, controversy or claim arising out of or relating to this Agreement.
(b) Should the Parties directly involved in any dispute, controversy or claim be unable to resolve same within a reasonable period of time, such dispute, controversy or claim shall be submitted to the Operating Committee with such explanation or documentation as the Parties deem appropriate to aid the Operating Committee in their consideration of the issues presented. The date the matter is first submitted to the Operating Committee shall be referred to as the "Submission Date." The Operating Committee representatives shall attempt in good faith, through the process of discussion and negotiation, to resolve any dispute, controversy, or claim presented to it within forty-five (45) Days after the Submission Date.
(c) If the Operating Committee representatives cannot so resolve any dispute, controversy, or claim submitted to it within forty-five (45) Days after the Submission Date, the Parties shall attempt in good faith to settle the matter by submitting the dispute, controversy or claim to mediation within sixty (60) Days after the submission date using any mediator upon which they mutually agree. If the Parties are unable to mutually agree upon a mediator within seventy-five (75) Days after the Submission Date, the case shall be referred for mediation to the office of Judicial Arbitration and Mediation Services, Inc. ("JAMS") in Houston, Texas. The cost of the mediator will be split equally between the Parties unless they agree otherwise in writing.
(d) If the matter has not been resolved pursuant to the aforesaid mediation procedure within thirty (30) Days of the initiation of such procedure, or if either Party will not participate in such mediation, either Party may request that the matter be resolved through arbitration by submitting a written notice (the "Arbitration Notice") to the other. Any arbitration that is conducted hereunder shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1 ET SEQ., and will not be governed by the arbitration acts, statutes or rules of any other jurisdiction.
(e) The Arbitratio...
Alternative Dispute Resolution Procedures. The Parties acknowledge that, from time to time after the Effective Time, a controversy, dispute or claim (a “Dispute”) may arise relating to either Party’s rights or obligations under this Agreement or any Ancillary Agreement. The Parties agree that any such Dispute (whether arising in contract, tort or otherwise) arising out of or relating in any way to this Agreement or any Ancillary Agreement (including regarding whether any Assets are AbbVie Assets, any Liabilities are AbbVie Liabilities or the interpretation or validity of this Agreement) shall be resolved by the Alternative Dispute Resolution (“ADR”) provisions set forth in this Section 7.01 and in Schedule 7.01, the result of which shall be binding upon the Parties.
Alternative Dispute Resolution Procedures. The parties to the Agreement Regarding Change in Control dated as of the day of , 2007 (the “Agreement”) recognize that a bona fide dispute as to certain matters may arise from time to time during the term of the Agreement which relates to either party’s rights and/or obligations. To have such a dispute resolved by this Alternative Dispute Resolution (“ADR”) provision, a party first must send written notice of the dispute to the other party for attempted resolution by good faith negotiations between the Executive and the Company within twenty-eight (28) days after such notice is received (all references to “days” in the ADR provision are to calendar days). If the matter has not been resolved within twenty-eight (28) days of the notice of dispute, or if the parties fail to meet within such twenty-eight (28) days, either party may initiate an ADR proceeding as provided herein. The parties shall have the right to be represented by counsel in such a proceeding.
Alternative Dispute Resolution Procedures. 1) An employee alleging sexual harassment who has timely filed a grievance may elect to substitute a campus/hospital/laboratory SEXUAL HARASSMENT COMPLAINT RESOLUTION PROCEDURE FOR STEP 1 of the Grievance Procedure. Use of the SEXUAL HARASSMENT COMPLAINT RESOLUTION PROCEDURE shall toll the time limits for Step 1 of the Grievance Procedure only if a grievance has been timely filed, pursuant to
1. a.1 above. At any time, an employee may elect to resume the regular grievance procedure in place of the alternate procedure by written notice to the University. The University's STEP 1 Grievance response will be issued within twenty (20) calendar days after such notice is received by the designated campus/hospital/Laboratory official.
2) Grievances which allege a violation involving sexual harassment may, at the grievant’s option, enter the grievance procedure at Step 2.
Alternative Dispute Resolution Procedures. In the event of any dispute, the Parties shall promptly negotiate in good faith in attempt to resolve such dispute. Any dispute that is not resolved by the Parties shall be settled exclusively and finally by arbitration in accordance with the following procedures:
(a) Such arbitration shall be conducted pursuant to the Federal Arbitration Act, except as expressly provided otherwise in this Agreement. The validity, construction, and interpretation of these procedures, and all procedural aspects of the arbitration conducted pursuant hereto, including the determination of the issues that are subject to arbitration (i.e., arbitrability), the scope of the arbitrable issues, allegations of "fraud in the inducement" to enter into the Agreement or these arbitration procedures, allegations of waiver, laches, delay or other defenses to arbitrability, and the rules governing the conduct of the arbitration (including the time for filing an answer, the time for the filing of counterclaims, the times for amending the pleadings, the specificity of the pleadings, the extent and scope of discovery, the issuance of subpoenas, the times for the designation of experts, whether the arbitration is to be stayed pending resolution of related litigation involving third parties not bound by the Agreement, the receipt of evidence, and the like), shall be decided by an independent expert, who shall serve as sole arbitrator (the "Independent Expert"). The Independent Expert shall be appointed by mutual agreement of Seller and Buyer from among candidates with experience and expertise in the area that is the subject of such Dispute, and failing such agreement, such Independent Expert for such Dispute shall be selected in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "Rules"). The arbitration administered by the Independent Expert and shall be conducted pursuant to the Rules, except as expressly provided otherwise in this Agreement. The arbitration proceedings shall be subject to any optional rules contained in the Rules for emergency measures and, in the case of disputes with respect to amounts in excess of $1,000,000, optional rules for large and complex cases.
(b) The Independent Expert shall permit and facilitate such discovery as he/she determines is appropriate in the circumstances, taking into account the needs of the Parties and the desirability of making discovery expeditious and cost-effective. Such discovery may include pre-heari...
Alternative Dispute Resolution Procedures. The Parties acknowledge that, from time to time after the Effective Time, a controversy, dispute or claim may arise relating to either Party's rights or obligations under this Agreement. The Parties agree that any such controversy, dispute or claim (whether arising in contract, tort or otherwise) arising out of or relating in any way to this Agreement (including regarding whether any Assets are Hospira Assets, any Liabilities are Hospira Liabilities or the interpretation or validity of this Agreement) shall be resolved by the Alternative Dispute Resolution ("ADR") provisions set forth in this SECTION 7.01 and in SCHEDULE 7.01, the result of which shall be binding upon the Parties.
Alternative Dispute Resolution Procedures. Any controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall first be submitted for mediation administered by the American Arbitration Association under its Commercial Mediation Rules, before resorting to arbitration. Thereafter, any such unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted before a panel of three neutral arbitrators, all of whom shall be actively engaged in the practice of law for at least ten years and experienced in acquisitions and mergers. The arbitration proceedings shall be conducted in Kansas City, Missouri at the offices of the American Arbitration Association. Any provisional remedy which would be available from a court of law shall be available from the arbitrator pending arbitration. Either party may make an application to the arbitrator seeking injunctive relief until such time as the arbitration award is rendered or the controversy is otherwise resolved. The arbitrators shall have the authority to award any remedy or relief that a court of the state of Missouri could order or grant, including, without limitation, specific performance of any obligation created under the agreement, the awarding of punitive damages, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process. Limited civil discovery shall be permitted for the production of documents and taking of depositions. All discovery shall be governed by the Federal Rules of Civil Procedure. All issues regarding discovery requests shall be decided by the arbitrators.
Alternative Dispute Resolution Procedures. 13.1 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach or performance hereof, including, but not limited to, any disputes concerning the interpretation of the terms and provisions hereof, shall be resolved through the use of the following procedures:
(a) The Parties will initially attempt in good faith to resolve any disputes, controversy or claim arising out of or relating to this Agreement.
(b) Should the Parties directly involved in any dispute, controversy or claim be unable to resolve same within a reasonable period of time, such dispute, controversy or claim shall be submitted to the Scheduling Committee with such explanation or documentation as the Parties deem appropriate to aid the Scheduling Committee in their consideration of the issues presented. The date the matter is first submitted to the Scheduling Committee shall be referred to as the "Submission Date." The Scheduling Committee representatives shall attempt in good faith, through the process of discussion and negotiation, to resolve any dispute, controversy, or claim presented to it within forty-five (45) Days after the Submission Date.
Alternative Dispute Resolution Procedures. 15.1 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach or performance hereof, including, but not limited to, any disputes concerning the interpretation of the terms and provisions hereof, shall be resolved through the use of the following procedures or any other procedures mutually agreed to in writing by the Parties:
(a) The parties will initially attempt in good faith to resolve any disputes, controversy or claim arising out of or relating to this Agreement.
(b) Should the Parties directly involved in any dispute, controversy or claim be unable to resolve same within a reasonable period of time, such dispute, controversy or claim shall be submitted to the Scheduling Committee with such explanation or documentation as the Parties deem appropriate to aid the Scheduling Committee in their consideration of the issues presented. The date the matter is first submitted to the Scheduling Committee shall be referred to as the "Submission Date." The Scheduling Committee representatives shall attempt in good faith, through the process of discussion and negotiation, to resolve any dispute, controversy, or claim presented to it within forty-five (45) days after the Submission Date.
Alternative Dispute Resolution Procedures. For the purpose of this Article, alternative dispute resolution (ADR) is a dispute resolution process that involves the introduction of a mediator into the grievance process. The Parties may establish, and share the cost of, an alternative dispute resolution procedure within this grievance procedure. ADR procedures shall not apply to local or national grievances. Participation in the ADR process is voluntary for both the Agency officials and the employees involved in the grievance. An Agency official and an employee may agree to use the ADR process at Step 1 of the grievance procedure. The ADR procedure will use trained mediators to help resolve a grievance. The mediator shall meet with the grievant and the Agency official to facilitate the discussion and assist the parties in resolving their differences. The mediator shall not have decision-making authority, and resolution rests with the participating Agency official and the grievant. The participants may also reach agreement on a partial resolution of the grievance. Any agreement shall be binding on the employee and the Agency and shall have the effect of permanently terminating the grievance, or that part of the grievance as to which agreement was achieved.