Commencing Mediation Sample Clauses

Commencing Mediation. A. Any person may initiate mediation by informing PeaceWise of the nature of the dispute, the names of the other parties involved, and the remedy sought. If the parties are subject to a Mediation Clause, they will follow the provisions of that clause in terms of how mediation may be initiated. B. PeaceWise may postpone mediation until reasonable efforts have been made by the parties to resolve the dispute in private or with the help of their churches, pursuant to ▇▇▇▇▇▇▇ 18:15-20 and 1 Corinthians 6:1-8. At the same time, PeaceWise may provide the parties with individual biblical counselling/coaching or written resources designed to facilitate a private resolution. C. PeaceWise or the Mediator may require any person (other than the parties but including lawyers and support persons) attending the mediation to sign an agreement not to use in a court of law any information acquired through mediation; this provides limited protection for communications made during the mediation process. D. Mediation may commence only after the parties sign a mediation agreement. If persons who have a legal interest in the dispute refuse to consent to mediation, mediation will affect only the rights and responsibilities of those joined as parties. E. All Mediation Agreements must contain a statement of the issues to be resolved. F. If legal action is pending at the time mediation is commenced, PeaceWise may require that the parties take steps to stay or postpone proceedings pending the conclusion of mediation. G. If a party believes that property or rights may be irreparably harmed by delay, he or she may request temporary (injunctive) relief or action.
Commencing Mediation. The mediation process will be commenced when the CWS Program Contact of one Party outlines an issue in writing to the designated CWS Program Contact of the other and indicates that resolution could not be reached through the meet and confer process. The written communication shall contain a statement describing the issue, a description of the desired solution, a proposed timeline establishing dates and performance indicators that demonstrate resolution is being achieved. Within ten (10) working days of receipt of the communication, the recipient will respond in writing outlining what activity is currently underway to resolve the dispute. If agreement is not reached within twenty (20) working days after the initial response, then the Parties agree to submit the matter expeditiously to mediation.
Commencing Mediation. To commence mediation, the aggrieved party must deliver to the other party written notice of its intent to submit a dispute to mediation within thirty (30) days after the date the dispute first arose. “The date when the dispute first arose” is defined to mean when a party discovered, or, with reasonable diligence should have discovered, the facts or information on which the dispute is based.

Related to Commencing 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.

  • Optional Mediation The Parties may mutually agree to non-binding mediation: (a) If the grievance is not resolved at Step 3, either Party may request that a Mediator be appointed to meet with the Parties, investigate and define the issues in dispute and facilitate a resolution. (b) The Mediator shall be appointed by mutual agreement between the Parties. (c) The purpose of the Mediator's involvement in the grievance process is to assist the Parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged and will not be used for any other purpose. (d) The expenses of the Mediator shall be equally borne by both Parties. (e) The grievance may be resolved by mutual agreement between the Parties.

  • 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.

  • 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.